Outlaw v. Barnes

*172Mr. Justice Fraser:

I dissent. This case has been before, this Court before, and will be found reported in 118 S. C., at page 189; 110 S. E., 124.

This was an action for partition. The defendants set up title in themselves. The verdict was for the plaintiff and reads : “We find for the plaintiffs one-fourth undivided interest in dispute.” Judge Rice, who heard the case, signed a consent order after the Court adj ourned. The defendants were dissatisfied with the decree, and Judge, Rice made a subsequent order, changing the decree, on the ground that he was merely making a clerical,change. From…