Wilson v. McGuire

Cureton, Judge:

Respondents, heirs of Raymond James (the decedent), brought this action against three other heirs, the appellants, alleging property devised to them by the decedent was incapable of in-kind partition, and requested an order for the sale of the property. The trial judge ordered the property sold. We reverse and remand.

The decedent owned a 137-acre tract of land in Pickens County, South Carolina. Before his death, he deeded two one-acre tracts to his- sons, appellants, Clyde James and Marion James. These appellants built homes on their respective tracts prior to the- death of…