Burnett v. Crawford
Supreme Court of South Carolina
Before Benet, J., Abbeville, October, 1895. Action for partition by J. P. Burnett against the devisees of John Gaulden. Judgment for defendants. Plaintiff appeals. cite: Presumptions: 48 S. C., 28. Charge: 47 S. C., 488. cite: Proof of title by rumor or opinion: 48 S. C.,472. Parol partition: 26 S. C., 251; 32 S. C., 160. Ouster of cotenant by prestimption: 2 Hill Ch., 511; 1 Hill Ch., 378; Cheves Eq., 60; 48 S. C., 282; 48 S. C., 472; 48 S. C., 28; 40 S. C., 168.
1Opinion of the Court
Theopinion of the Court was delivered by
Mr. Justice Jones.
This is an action for partition of *162a tract of land, commenced by Sarah Burnett March 28th, 1891. After her death in February, 1895, her son, the present plaintiff, was substituted. The answer of defendants raised an issue of title, and the cause was heard before Judge Benet and a jury. The jury found for the defendant on the issue of title, and thereupon Judge Benet made decree affirming and approving the verdict and. dismissing the complaint.
The evidence before the jury tended to show that James Gaulden died intestate in 1827, seized…
2Cited by14 opinions
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- Powers v. SmithSupreme Court of South Carolina · 1908
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