Smith v. Tanner
Supreme Court of South Carolina
Before Wallace, J., Spartanburg, October, 1888. Action for recovery of real property, brought by Charity Smith on June 13, 1887. The opinion states the case. The Circuit decree was as follows: It appears that Mary Linder died in the year 1854, leaving a real and personal estate, and leaving surviving her her children, ten in number, and two grandchildren of a predeceased daughter. Her husband had died before her. All of the children were of full age at the time of her death.
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Before Wallace, J., Spartanburg, October, 1888. Action for recovery of real property, brought by Charity Smith on June 13, 1887. The opinion states the case. The Circuit decree was as follows: It appears that Mary Linder died in the year 1854, leaving a real and personal estate, and leaving surviving her her children, ten in number, and two grandchildren of a predeceased daughter. Her husband had died before her. All of the children were of full age at the time of her death. Her grandchildren were minors, and their father was their guardian. All the children and the guardian of the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
Mary Linder, in 1848, conveyed her property, including the real estate in question here, to her 10 children, upon certain terms, &c., the land to be divided at her death into lots, as nearly eqtfal as possible, by three disinterested men. She died in 1854. Soon afterwards, the children and their husbands. Charity Smith, plaintiff, being one of said children, and at that time the wife of A. E. Smith, entered into a written agreement, by which they appointed two agents, authorizing them to sell the property and to divide the…
2Cited by4 opinions
- Smith v. WilliamsSupreme Court of South Carolina · 1927
- Jones v. BalentineCourt of Appeals of Arkansas · 1993
- Weathersbee v. WeathersbeeSupreme Court of South Carolina · 1908
- Godfrey v. GemplerOregon Supreme Court · 1937