Rhode v. Tuten
Supreme Court of South Carolina
Before Witherspoon, J., Hampton, This case came up before the Circuit Judge on exceptions to the referee’s report. His decree, after having stated the facts and disposed of some exceptions not involved in the appeal, proceeded as follows: The fifth exception alleges error in the finding of the referee, that Mary E. Rhode did authorize her father, W. R. Tuten, to receive and apply the rent of the Altman land, as found by the referee.
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Before Witherspoon, J., Hampton, This case came up before the Circuit Judge on exceptions to the referee’s report. His decree, after having stated the facts and disposed of some exceptions not involved in the appeal, proceeded as follows: The fifth exception alleges error in the finding of the referee, that Mary E. Rhode did authorize her father, W. R. Tuten, to receive and apply the rent of the Altman land, as found by the referee. Mary E. Rhode denied that she made such an agreement with W. R. Tuten. The intelligent referee has had the witness before him. He is presumed to have some…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
On the 10th of July, 1867, James E. Altman departed this life intestate, leaving as his heirs at law his widow, Mary E., who subsequently intermarried with -3. A. Rhode, and his three children, Mary Ella, who has since intermarried with Morgan Pye, Ada E., who died intestate on the 21st of June, 1877, and William G. Altman. All of these children at the time of the death of their father were minors — Ada E. having been born on the 22nd of April, 1860, Mary Ella on the 27th of January, 1868, and William G. on the 13th of December,…
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