Dixon v. Floyd
Supreme Court of South Carolina
Before Watts, J., Greenwood, March term, 1905. Action by Carrie V. Dixon against Theresa Floyd, John Floyd, Fula Floyd, J. Peter Philips and Farmers’ Bank of Abbeville.
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Before Watts, J., Greenwood, March term, 1905. Action by Carrie V. Dixon against Theresa Floyd, John Floyd, Fula Floyd, J. Peter Philips and Farmers’ Bank of Abbeville. From orders refusing to set aside judgment, and requiring defendant, Theresa Floyd, to surrender possession of land, she and the plaintiff appeal on following exceptions: “I. Because the presiding Judge erred in not finding and holding that the evidence clearly shows the appellants had no notice of the holding of the reference on February 27, 1904, and had no opportunity to attend the same, and offer evidence to sustain the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order refusing a motion to set aside a judgment on the ground of mistake, surprise, inadvertence and excusable neglect; also' from an order requiring one of the appellants h> surrender possession of the lands described in the complaint.
In order to understand clearly the questions presented by the exceptions, it will be necessary to> state somewhat at length the facts of the case. In 1902, Carrie V. Dixon brought an action for partition of two tracts of land — one containing sixty and the other about 244 acres.…
2Cases cited2 opinions
- Michalson v. RoundtreeSupreme Court of South Carolina · 1898
- Alma Lumber Co. v. BeachamSupreme Court of South Carolina · 1896
3Cited by9 opinions
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- Lord Jeff Knitting Co., Inc. v. MillsCourt of Appeals of South Carolina · 1984
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