Legal Opinion

Smith v. Oglesby

Supreme Court of South Carolina

Decided June 26, 1890PublishedCited by 5 opinions

Before Fraser, J., Spartanburg, July, 1889. This was an action by Charity Smith and others against J.' Frank Oglesby and others, commenced February 17, 1887. So far as the claim for dower is involved, the opinion states the case. As to the claim for an interest in the land, all the facts are fully stated in Smith v. Tanner, 32 S. C., 259, which is referred to in this opinion as decisive of this case.

1Opinion of the Court

The opinion of the court was delivered by

MR. Chiee Justice Simpsoh.

In 1854 Mary Linder died, leaving a real and personal estate, ten children, and two grandchildren ; the plaintiff, Charily Smith, being one of the children, and the other two plaintiffs being the grandchildren. Previous to her death, to wit, in 1848, she executed a paper in the presence of three witnesses, conveying all of her estate to her children and grandchildren, providing therein for a partition in kind, by dividing the property into lots to be drawn for. After the death of the said Mary, her children and the guardian of…

2Cited by5 opinions

  1. Smith v. WilliamsSupreme Court of South Carolina · 1927
  2. Tuten v. Almeda FarmsSupreme Court of South Carolina · 1937
  3. Gainey v. AndersonSupreme Court of South Carolina · 1910
  4. Weathersbee v. WeathersbeeSupreme Court of South Carolina · 1908
  5. Thompson, Adm'r v. HudgensSupreme Court of South Carolina · 1931

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