Wheeler v. Wheeler
Supreme Court of South Carolina
Before DeV ore, J., Spring term, 1916. Action by R. E. Wheeler against S. M. Wheeler and others. From the judgment, plaintiff and the named defendant appeal. submits: That the words “bounded by Pudding Swamp ” mean the thread of the stream: 3d Kent’s Com. 428; citing 1 Sim & Stewart 190; 17 Pick. 41; 4 Rich. E. 84; 2 N. & McC. 99; 2 McM. 47; McM. Eq. 290; 27 S. C. 144; 43 Am.
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Before DeV ore, J., Spring term, 1916. Action by R. E. Wheeler against S. M. Wheeler and others. From the judgment, plaintiff and the named defendant appeal. submits: That the words “bounded by Pudding Swamp ” mean the thread of the stream: 3d Kent’s Com. 428; citing 1 Sim & Stewart 190; 17 Pick. 41; 4 Rich. E. 84; 2 N. & McC. 99; 2 McM. 47; McM. Eq. 290; 27 S. C. 144; 43 Am. Dec. 672; Rand. 417, 420; 13 Allen (Mass.) 146, 154; 6 Conn. 471- 474; 128 Pa. 528, 532; 18 Atl. 390; 56 S. E. Rep. 136; 71 Fed. 526; -19 C. A. 99; 37 U. S. App. 539; Fed. Cas. No. 6, 169 (Pet. C. C. 64) ; 8 Cent. Dig.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The title to a tract of swamp land is involved in this action. Plaintiff alleges that he and the defendant, S. M. Wheeler, are seized and in possession of a larger tract, described in the complaint’ which includes the land in dispute, and that the other defendants (the Kennedys) claim some interest.therein, but have none; and he prays, that it be so adjudged, and that the land be partitioned between him and S. M. Wheeler.
Some of the Kennedy defendants answered, denying the title and possession of the Wheelers as to that portion of…
2Cases cited1 opinion
- Ivester v. FowlerSupreme Court of South Carolina · 1917
3Cited by7 opinions
- Kassner v. Alexander Drug Co.Supreme Court of Oklahoma · 1943
- Powers v. RawlsSupreme Court of South Carolina · 1922
- Richardson v. RegisterSupreme Court of South Carolina · 1955
- Boney v. CornwellSupreme Court of South Carolina · 1921
- Moyle v. CampbellSupreme Court of South Carolina · 1923
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