Legal Opinion

Windham v. Howell

Supreme Court of South Carolina

Decided September 17, 1907No. 6659PublishedCited by 20 opinions

Before Gage, J., Darlington, Spring Term, 1906. Action by IT. IT. Windham et al. against George C. Howell et al. From judgment on Circuit, defendants, George C. Howell and Douisiana Howell, appeal.

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Before Gage, J., Darlington, Spring Term, 1906. Action by IT. IT. Windham et al. against George C. Howell et al. From judgment on Circuit, defendants, George C. Howell and Douisiana Howell, appeal. Mr. Woods cites: Under the pleadings the issue of title zvas raised, and that should have been submitted to the jury: 23 S. C., 392; 28 S. C., 530; 31 S. C., 265; 36 S. C., 561; 52 S. C., 236; 54 S. C., 359. The deed here carries the fee to Rliza J. Windham: 11 Rich., 515; 17 S. C., 536; 48 S. C., 319; 52. S. C., 119; 35 S. C., 314; 46 S. C., 370; 1 Rich. Eq„ 576; 56 S. C., 430; 57 S. C., 174; 28…

1Opinion of the Court

September 17, 1907. The opinion of the Court was delivered by This action was commenced for the partition of certain lands in Darlington County. The defendants, George C. Howell and Louisiana Howell, answered, denying the allegations of the complaint and setting up title to the land described. The first trial of this issue of title was before Judge Townsend and a jury and resulted in a verdict for the defendants, under the direction of the Court. On appeal this Court reversed said judgment and remanded the case "for trial of the issue of title as made by the pleadings." 68 S.C. 478, 47 S.E.,…

2Cases cited31 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
  3. O'Connor v. MadisonMichigan Supreme Court · 1893
  4. Forney v. FerrellWest Virginia Supreme Court · 1871
  5. In re Will of AmesSupreme Court of Iowa · 1879

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3Cited by20 opinions

  1. Havasy v. ResnickSuperior Court of Pennsylvania · 1992
  2. Bryan v. FreemanSupreme Court of South Carolina · 1969
  3. McShain v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1940
  4. Seymour Improvement Co. v. Viking Sprinkler Co.Indiana Court of Appeals · 1928
  5. Leppard v. Southern Ry. Co.Supreme Court of South Carolina · 1934

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