Hall v. Boatwright
Supreme Court of South Carolina
Before Gage, J., Aiken, Action for betterment by W. W. Hall against Daniel Boatwright et al. From order of nonsuit, plaintiff appeals. cite: In action for partition, where title is denied, it will not be decreed until title he settled by suit at, law: 1 Speer E.q., 20; 1 S. C., 4151 5 Rich- Eq., 327> 28 S. C., 533; 10 Rich.
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Before Gage, J., Aiken, Action for betterment by W. W. Hall against Daniel Boatwright et al. From order of nonsuit, plaintiff appeals. cite: In action for partition, where title is denied, it will not be decreed until title he settled by suit at, law: 1 Speer E.q., 20; 1 S. C., 4151 5 Rich- Eq., 327> 28 S. C., 533; 10 Rich. Eq., 428; 23 S. C., 392; 31 S. C., 266; 36 S. C., 561; 54 S. C., 359. And party so deprived of title may sue under betterment act: 28 S. C., 562; 21 S. C., 475. Betterment act is distinct from equity rule, which only permitted betterments to be set off against rents, &c.:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones
This is an action under the betterment act, and the appeal is from an order of nonsuit. The documentary evidence introduced showed that Erwin J. Boatwright died intestate, seized of a tract of land in Aiken County, leaving as his only heirs at law his widow, Olivia Boatwright, and the defendants, his children. That after the death of ( Boatwright, this land was assigned to said widow and children as a homestead. That said land, assessed in the name of Olivia Boatwright, was sold for taxes, and the plaintiff became purchaser, took…
2Cited by7 opinions
- Citizens & Southern National Bank v. Modern Homes Construction Co.Supreme Court of South Carolina · 1966
- Youmans v. YoumansSupreme Court of South Carolina · 1924
- Guignard v. CorleySupreme Court of South Carolina · 1928
- Walsh v. EvansSupreme Court of South Carolina · 1919
- Reaves v. STONESupreme Court of South Carolina · 1957
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