KABLE v. Simmons

Oxner, Justice.

Respondents and appellant are owners as tenants in common of (1) two lots of land on Rutledge Avenue in the City of Charleston, (2) a tract of land in St. Andrew’s Parish, Charleston County, known as Windemere, and (3) a tract of land in Orangeburg County known as Snake Swamp Plantation. They acquired the Windemere property under the will of their father, James S. Simmons, who died in 1933. Prior to the death of Mr. Simmons, that portion of the Windemere tract lying to the east of the county road and to the north of the Atlantic Coast Line right of way was subdivided and…