McIver v. Thompson
Supreme Court of South Carolina
Before Wilson, J., Marlboro, Spring term, 1920. Action by Jnd. K. Mclver against Fannie M. Thompson, Corrie Malone, Elise Stewart, and Lucy M. Thompson, and Scott Lumber Co., for partition. From 'judgment for plaintiff the defendants, other than Scott Lumber Co., appeal.
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Before Wilson, J., Marlboro, Spring term, 1920. Action by Jnd. K. Mclver against Fannie M. Thompson, Corrie Malone, Elise Stewart, and Lucy M. Thompson, and Scott Lumber Co., for partition. From 'judgment for plaintiff the defendants, other than Scott Lumber Co., appeal. The following is the decree of the Circuit 'Judge: This matter comes before me on the report of the Special Referee, exceptions thereto by both sides, and a motion made by the Thompson heirs in the original cause of Bridgers & McKeithan Lumber Company, plaintiff, v. Fannie M..Thompson et al., to open said judgment in such…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEb' Justice Gary.
The facts herein are fully stated in the decree of his Honor the Circuit Judge, which, together with the exceptions, will be reported.
The appellants also made a motion in the original cause to open the judgment and set aside the sale, which motion was heard by his Honor, Judge Wilson, at the same time he heard the present case, and refused.
The first question we will consider is whether there was error in refusing said motion.
In his decree his Honor, the Circuit Judge, says:
“The only thing the Thompson heirs could now do would be…
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