Frierson v. Jenkins
Supreme Court of South Carolina
Before Purdy, J., Lee, March, 1905. Action by Eliza Frierson against Mary Jenkins, alias Frierson, Katie Jenkins, alias Frierson, and Nathan Barnett.
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Before Purdy, J., Lee, March, 1905. Action by Eliza Frierson against Mary Jenkins, alias Frierson, Katie Jenkins, alias Frierson, and Nathan Barnett. From order striking' out portions of defendants’ answers, they appeal. cite: Statements in answers cure of material facts and should be allowed: 43 S. C., 17; 9 S>. C., 138; 27 S. C., 164. Circurmstances and remote facts may be pleaded: 6 S. C., 128; 60 S. C., 353; 44 S. C., 227. cites: Criminal actions are no barrier to civil actions: 21 Ency., 256; Whar. on Ev., sec. 777.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action for dower the plaintiff claims to be the widow of Richard Frierson, who' was the owner of the land described in the complaint. The defendant Mary Frierson alleges in her answer that she and not the plaintiff was the lawful wife of Richard Frierson, and that her daughter, the infant defendant Katie Frierson was born of her marriage with him; that Frierson left a will in force, and that she and her child are entitled to all his prop erty as his devisees and only heirs. The Circuit Judge, on motion, struck out the…
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