Tibbetts ex rel. Melton v. Langley Manufacturing Co.
Supreme Court of South Carolina
Before Maher, J., Aiken, December, 1875. This was an action instituted in July, 1872, by Sarah Melton, in the Court of Probate for Edgefield county, against eight defendants, each one of whom had in possession a portion of a tract of land of which her husband, Wiley Melton, had been seized during coverture.
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Before Maher, J., Aiken, December, 1875. This was an action instituted in July, 1872, by Sarah Melton, in the Court of Probate for Edgefield county, against eight defendants, each one of whom had in possession a portion of a tract of land of which her husband, Wiley Melton, had been seized during coverture. Wiley Melton died in December, 1865. In October, 1873, the cause was transferred to the new county of Aiken, which included that part of old Edgefield county, in which the land lay. It appears that a former action had been commenced in 1867, in the Court of Equity for Edgefield district,…
1Opinion of the Court
The opinion of the court was delivered by
Haskell, A. J.
This is a proceeding for the allotment of dower, commenced in the Court of Probate, carried up by appeal to the Circuit Court and thence brought by appeal to this court. *479The facts are very fully set forth in the decree rendered by the Circuit judge.
Several important questions are presented in the appeal from that decision. This court, however, is impressed by the preliminary question, upon the determination of which the consideration of several of the other questions depends. We will thus state it: The prima fade right of the demandant is…
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