Legal Opinion

Cain v. Cain

Supreme Court of South Carolina

Decided October 18, 1898PublishedCited by 12 opinions

Before Gary, J., Florence, April, 1898. Action for partition and accounting, by Charlton W. Cain and Sallie J. Cain, by their guardian ad litem, v. Hattie C. Cain, administratrix of T. C. Cain, Furman, William, Ruth, and Fima Cain, and W. F. Rynch. From Circuit decree, the plaintiffs appeal. cite: Testimony as to rental value proper here: McM. Eq., 16; Id., 75. Occupying tenant must account for rental value: 52 Am. St. R., 911; 14 S. C., 292; 2 Strob. Eq., 160; Rich. Eq.

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Before Gary, J., Florence, April, 1898. Action for partition and accounting, by Charlton W. Cain and Sallie J. Cain, by their guardian ad litem, v. Hattie C. Cain, administratrix of T. C. Cain, Furman, William, Ruth, and Fima Cain, and W. F. Rynch. From Circuit decree, the plaintiffs appeal. cite: Testimony as to rental value proper here: McM. Eq., 16; Id., 75. Occupying tenant must account for rental value: 52 Am. St. R., 911; 14 S. C., 292; 2 Strob. Eq., 160; Rich. Eq. Cases, 291; Rice Ch., 238; 2 Hill Ch., 370.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

Plaintiffs bring this action for partition of land, an accounting for rents and profits, and to have certain of the defendants to account for advancements. Sarah E. Cain died intestate in June, 1883, seized of one of the tracts of land described in the complaint, leaving as her heirs at law, her husband, T. C. Cain, and the plaintiffs, Charlton and Sallie Cain, her children. T. C. Cain and the plaintiffs, who are still minors, lived on and received their support from the land until February, 1888, when T. C. Cain married the…

2Cited by12 opinions

  1. Byrne v. ByrneSupreme Court of Missouri · 1921
  2. Vaughan v. LangfordSupreme Court of South Carolina · 1908
  3. Meier v. JohannsenSupreme Court of Iowa · 1951
  4. Hill v. JonesSupreme Court of Connecticut · 1934
  5. Youmans v. YoumansSupreme Court of South Carolina · 1924

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