Barnes v. Rodgers
Supreme Court of South Carolina
Before Gary, J., Sumter, March, 1898. Action for partition by Henry N. Barnes v. Francis S. Rodgers. Defendant having claimed in her answer the land in fee, the issue of title was submitted to the jury, whom the Judge charged as follows: This is a suit in equity, brought on the equity side of the Court. The defendant’s answer denies that the plaintiff had title.
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Before Gary, J., Sumter, March, 1898. Action for partition by Henry N. Barnes v. Francis S. Rodgers. Defendant having claimed in her answer the land in fee, the issue of title was submitted to the jury, whom the Judge charged as follows: This is a suit in equity, brought on the equity side of the Court. The defendant’s answer denies that the plaintiff had title. You remember that the complaint of the plaintiff alleges that he is the owner of one-third interest in the tract of land described in the complaint (I believe it is said to contain 130 acres). He asks that it be partitioned. In other…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The plaintiff brought this action for the partition of a tract of land, containing about 130 acres, alleging that he was entitled to one undivided third interest therein, the defendant being the owner of the remaining two-thirds, and claiming an account for the rents *122and profits received by the defendant. The defendant answered, denying that plaintiff had any interest in the land, and claiming that he was the sole owner of the same. The case was heard by his Honor, Judge Ernest Gary, who referred the issue of title raised by…
2Cited by11 opinions
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- Wolf v. HayesSupreme Court of South Carolina · 1931
- Grider v. GroffCourt of Appeals for the Eighth Circuit · 1912
- Whetstone v. DreherSupreme Court of South Carolina · 1927
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