McCarter v. Caldwell
Supreme Court of South Carolina
Before Gary, J., York, Action for partition by Fannie, Mary Ann, J. J. W., George D., Rachel E. and S. A. McCarter against J. M. and Eacey Caldwell and Jackson and Sallie McCarter.
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Before Gary, J., York, Action for partition by Fannie, Mary Ann, J. J. W., George D., Rachel E. and S. A. McCarter against J. M. and Eacey Caldwell and Jackson and Sallie McCarter. From Circuit order requiring defendants to pay costs, J. M. and Eacey Caldwell appeal. cites: As to defendants this was an action for recovery of one-half interest in tract of land: 28 S. C., 530; 29 S. C., 49; 31 S. C., 262; 36 S. C., 559; 54 S. C., 359. And action terminating in their favor, they are entitled to costs: 26 S. C., 321. Costs in legal action follow result: Code, 323. cites: Plaintiffs prevailed and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for partition of a tract of land, arising out of the following facts set forth in the decree of his Honor, Judge Gage, to wit: “There were four brothers and a sister, to wit: Andrew, John, Mary, Samuel and Nelson McCarter, and they died in the order named, the first in 1868 and the last in about 1882. Andrew alone died testate. The plaintiffs are widow and children and devisees of Andrew; the defendants, Sallie and Jackson, are children of Mary; John and Samuel died childless; Nelson had children, but it is admitted…
2Cited by1 opinion
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