Scheper v. Scheper
Supreme Court of South Carolina
Before Mauldin, J., Beaufort, April, 1921. Action by F. W. Scheper, in his own right and as Executor of the Will of F. W. Scheper, Dec’d, et al. against Lee Marscher Scheper et al. From an order sustaining a demurrer to a part of the complaint interposed by W. R. Tindall, the plaintiffs and the other defendants appeal. cite.
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Before Mauldin, J., Beaufort, April, 1921. Action by F. W. Scheper, in his own right and as Executor of the Will of F. W. Scheper, Dec’d, et al. against Lee Marscher Scheper et al. From an order sustaining a demurrer to a part of the complaint interposed by W. R. Tindall, the plaintiffs and the other defendants appeal. cite. Complaint stated only , one cause of action and a demurrer to a part only thereof will not lie; 64 S. C. 389. Tindall forfeited right in wife’s estate: Stats, of N. C., Vol. 1. Rev. of 1905, Sec. 9, Sec. 2102. Is entitled to personal property and is tenant by courtesy in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
This is an action instituted in the Court of Common Pleas for Beaufort county in February, 1920, for the partition and sale of the estate of F. W. Scheper, deceased. The appeal is from an order sustaining a demurrer to a part of the complaint, interposed by one of the defendants, W. R. Tindall.
The facts alleged in the complaint, which support the claim of the plaintiffs for partition, are as follows:
F. W. Scheper, Sr., a resident of Beaufort, died there in 1913, possessed of real and personal property; he left a will by which he…
2Cases cited3 opinions
- Miles v. Charleston Light & Water Co.Supreme Court of South Carolina · 1910
- Sloan v. Seaboard & Roanoke Ry. Co.Supreme Court of South Carolina · 1902
- Lawson v. GeeSupreme Court of South Carolina · 1900
3Cited by2 opinions
- Scheper v. ScheperSupreme Court of South Carolina · 1923
- Stewart v. FickenSupreme Court of South Carolina · 1934