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BELUE v. FETNER

18847

251 S.C. 600 (1968)

164 S.E.2d 753

J. Fincher BELUE, Plaintiff, v. Iva FETNER, Sidney Belue, Noel Belue, Jack D. Greene; and also all persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, which is briefly described as follows, to wit: All that certain tract of land with all improvements thereon, situate in Union County, S.C. containing 72.9 acres according to survey plat made by H.L. Kennedy, recorded in Plat Book "13", Page 79, Union County, S.C. Defendants, of whom Iva Fetner and Sidney Belue are, Appellants, and of whom Jack D. Greene is, Respondent.

Supreme Court of South Carolina.

December 4, 1968.

Attorney(s) appearing for the Case

Allen E. Fulmer, Esq., of Columbia, for Appellants.

Messrs. Hubert E. Nolin and Clarence A. Cappell, of Greenville, for Respondent.

Allen E. Fulmer, Esq., of Columbia, for Appellants, in Reply.

December 4, 1968.

MOSS, Chief Justice.

This is an action for partition of real estate by sale. The real property, which is the subject of this action, is referred to in Item 4 of the will of H.H. Belue, as follows:

"All my land lying West of my home tract, containing about forty acres, and which I hereby designate as Tract No. 4, I give, devise and bequeath unto my nephews, Athens Belue, Sr., Omega...

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