Mims v. Jones
Supreme Court of South Carolina
Before Maurdin, J., Greenville, Summer term, 1916. Suit by Phyllis Mims and others against Sarah Ann Jones and others. Decree for plaintiffs, and Sarah Ann Jones appeals.
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Before Maurdin, J., Greenville, Summer term, 1916. Suit by Phyllis Mims and others against Sarah Ann Jones and others. Decree for plaintiffs, and Sarah Ann Jones appeals. The cause was heard by the Circuit Judge on the following exceptions taken by plaintiffs to the master’s report: 1. The said master erred in holding and reporting that the plaintiff, Phyllis Mims, had no interest in the premises herein sought to' be partitioned; whereas, he should have held that under the testimony the said Phyllis Mims and the said Newton Jones under the terms of the act of 1865 (13 St. at Large, p. 291)…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
For the reasons therein stated, the judgment of the Circuit Court is affirmed.
Footnote.—As to proof of slave marriages and legitimacy of their children under the South Carolina statutes, see Davenport v. Caldwell, 10 S. C. 317; Callahan v. Callahan, 36 S. C. 454, 15 S. E. 454; Taggart v. Taggart, 89 S. C. 490, 71 S. E. 1081; Watson v. Ellerbe, 77 S. C. 232, 57 S. E. 855; Robertson v. McCauley, 61 S. C. 416, 39 S. E. 570; State v. Whaley, 10 S. C. 500; Clement v. Riley, 33 S. C. 66, 11 S. E. 699; Knox v. Moore, 41 S. C. 355, 19 S.…
2Cases cited7 opinions
- Cave v. CaveSupreme Court of South Carolina · 1915
- Roberson v. McCauleySupreme Court of South Carolina · 1901
- Watson v. EllerbeSupreme Court of South Carolina · 1907
- Clement v. RileySupreme Court of South Carolina · 1890
- Knox v. MooreSupreme Court of South Carolina · 1894
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