Legal Opinion

Childs v. Childs

Supreme Court of South Carolina

Decided January 23, 1913No. 8424PublishedCited by 2 opinions

Before Ernest Gary, J., Greenwood, Action by Eliza Childs in her own right and as administratrix of Wm. Childs et al. against John Childs et al. The report of the master, W. J. Moore, is: “This is an action for the partition of two certain tracts of land, in Greenwood county, containing together about two hundred and ten acres, of which one William Childs died seized and possessed.

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Before Ernest Gary, J., Greenwood, Action by Eliza Childs in her own right and as administratrix of Wm. Childs et al. against John Childs et al. The report of the master, W. J. Moore, is: “This is an action for the partition of two certain tracts of land, in Greenwood county, containing together about two hundred and ten acres, of which one William Childs died seized and possessed. The said William Childs having-died intestate, the question is: Who is entitled to inherit his estate ? “The plaintiffs allege in their complaint that the said William Childs left surviving him as his heirs at law…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a decree of his Honor, Judge Ernest Gary. The facts are stated in the report of the master and decree of the Circuit Judge, and should be set out in the report of the case. The Circuit Judge concurs with the master in his findings of fact, but disagrees, in part, as to the master’s conclusion of law and overrules the master in part. They both find that Eliza was the only legal wife of William, the intestate, under whom both sides claim. They both find that there was never any moral marriage between Dinah and…

2Cases cited3 opinions

  1. Lloyd v. RawlSupreme Court of South Carolina · 1902
  2. Watson v. EllerbeSupreme Court of South Carolina · 1907
  3. Knox v. MooreSupreme Court of South Carolina · 1894

3Cited by2 opinions

  1. Naples v. SpencerSupreme Court of South Carolina · 1914
  2. Mims v. JonesSupreme Court of South Carolina · 1917

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