Turner v. Byars

Oxner, Justice.

The parties to these actions are the same. The facts and issues involved in the two appeals are so interrelated that to avoid undue repetition, we shall dispose of both in one opinion.

Lillie Gray Howard died intestate in 1950, owning a lot of land in the City of Spartanburg. An action was brought in November, 1953, to partition this real estate. It was alleged in the complaint that respondents, nieces and nephews of the intestate, some of whom were made parties plaintiff and other defendants, are the sole heirs at law. It was further alleged on information and belief that Pleas…