Legal Opinion

Civil v. Toomey

Supreme Court of South Carolina

Decided March 7, 1916No. 9313PublishedCited by 3 opinions

Before Hon. C. J. Ramage, special Judge, Columbia, October, 1915. Action by John A. Civil, in his own right and as administrator of the estate of C. P. Keough, deceased, and others, against Sarah Frank Toomey and others. From the judgment, defendants appeal.

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Before Hon. C. J. Ramage, special Judge, Columbia, October, 1915. Action by John A. Civil, in his own right and as administrator of the estate of C. P. Keough, deceased, and others, against Sarah Frank Toomey and others. From the judgment, defendants appeal. The respondents’ argument makes a full and clear statement of the issues, and reads: “This was an action by the plaintiffs, John A. Civil, in his own right as administrator of C. P. Keough, Edwin P. Civil, and Mary A. Reece, asking a sale for partition of a lot of land in the city of Columbia, with a dwelling house thereon, of which the…

1Opinion of the Court

After reciting the foregoing statement of facts, the opinion of the Court was delivered by

Mr. Justice Fraser.

1 The defendants demanded a jury trial as to the title on the law side of the Court, but issues were ordered instead. There is no appeal from this, and it cannot be considered. There are 13 exceptions, but appellants consolidate them.

2 1. Exceptions 1, 2, 4, 5, 7, 8 (requests to charge No. 9 and No. 15), 10:

“These exceptions allege error on the part of the Circuit Judge in charging the jury that they could take into consideration in addition to the continuous and exclusive possession…

2Cases cited2 opinions

  1. Epperson v. StansillSupreme Court of South Carolina · 1902
  2. Kilgore v. KirklandSupreme Court of South Carolina · 1904

3Cited by3 opinions

  1. Brasington v. WilliamsSupreme Court of South Carolina · 1927
  2. McIntosh v. WilliamsCourt of Appeals of Georgia · 1932
  3. Wannamaker v. WannamakerSupreme Court of South Carolina · 1972

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