FELDER v. FLEMING

21790

278 S.C. 327 (1982)

295 S.E.2d 640

Mack FELDER, Appellant, v. Billie S. FLEMING, Minnie Wells, York Mack, Rosenna Mack, Honaker Mack, Hester M. Burgess, alias Hester M. Buggas, Henry Mack, Henrietta M. Jenkinson, Sarah Huff, Unity Mack, Mancie Felder, Mary Felder, Arthur Loyd Lawrence, Abram Lawrence, Ruth Lawrence, Margaret Lawrence, Adrena Lawrence, Aleck Lawrence, Tee Felder, Bentley McNullage, Isiah Felder, Jr., Lily May Scott, Pearl Murray, Margaret McClary, Daisy Ruth Chandler, James Felder, Suzie May Robinson Jones, Rosa Robinson Mack, Corrine Robinson Jones, Lucille Robinson Collins, Preston Robinson, Inella Felder, Rosa Mae Felder, Queen Ester Felder, Josephine Felder, Dranford Felder, Dorothy Mae Felder, Luella Felder, Paul Felder, Siliah Felder, Lueanna Felder, John Doe, Representing an other unknown persons having or claiming to have any right, title or interest in an to the lands of the estate of Joseph Mack described in the Complaint herein, and Richard Roe, representing any minor, incompetent, or other person or persons under disability having or claiming to have any right, title or interest in and to said lands, Respondents.

Supreme Court of South Carolina.

September 28, 1982.


Attorney(s) appearing for the Case

Edward V. Atkinson, of Atkinson, Davis & Newman, Sumter, for appellant.

Ralph F. Cothran, of Cothran & Cothran, and Ray E. Chandler, of Coffey, Cooper & Chandler, Manning, for respondents.


September 28, 1982.

LEWIS, Chief Justice:

Appeal is from a judgment of the lower court denying partition of a tract of land among tenants in common on the ground that one of the cotenants and his heirs had held the land adversely for over twenty (20) years so as to constitute an ouster of the other cotenants.

This is an equity matter, and the appeal is from concurrent findings by the Special Referee and the Circuit Judge. The extent of our review is...

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