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TURNER ET AL. v. BYARS ET AL.

16934

226 S.C. 289 (1954)

85 S.E.2d 100

FLORENCE TURNER et al., Respondents, v. LILLIE BYARS et al., Respondents, and PLEAS GALLOWAY, Appellant (two cases).

Supreme Court of South Carolina.

November 29, 1954.

Attorney(s) appearing for the Case

Messrs. Paslay & Paslay, of Spartanburg, for Pleas Galloway, Appellant.

Shannon Henson, Esq., of Spartanburg, for Petitioners, Florence Turner, Collie Gray, Moses Gray, Habard Gray and David Gray.

November 29, 1954.

OXNER, Justice.

The parties to these actions are the same. The facts and issues involved in the two appeals are so interrelated that to avoid undue repetition, we shall dispose of both in one opinion.

Lillie Gray Howard died intestate in 1950, owning a lot of land in the City of Spartanburg. An action was brought in November, 1953, to partition this real estate. It was alleged in the complaint that respondents, nieces and nephews...

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