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CURTIS v. DesCHAMPS

0803

290 S.C. 315 (1986)

350 S.E.2d 201

Blanche McLeod CURTIS, Sue McLeod Perkinson and Lillian McLeod Youngblood, Appellants v. Edgar Green DesCHAMPS, Jr., William Wayne DesChamps, Wallace DesChamps, William Green DesChamps, Jr., Mary Hayes Calhoun Owings, Warren Calhoun, Jr., Zelene Gray DesChamps Hood and Carolyn DesChamps Blackford, Defendants, of whom Mary Hayes Calhoun Owings, Warren Calhoun, Jr., and Zelene Gray DesChamps Hood are Appellants, and Wallace DesChamps, William Green DesChamps, Jr., Carolyn DesChamps Blackford, Edgar Green DesChamps, Jr., and William Wayne DesChamps are Respondents. Appeal of Mary Hayes Calhoun Owings, Warren Calhoun, Jr., & Zelene Gray DesChamps Hood.

Court of Appeals of South Carolina.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Watson L. Dorn, Callison, Dorn & Thomason, Greenwood, Philip Wilmeth, Wilmeth & DeLoach, Hartsville, Horace L. Bomar, Holcomb, Bomar, Wynn & Gunn, Spartanburg, for appellants.

William W. DesChamps, Jr., Myrtle Beach, Jacob H. Jennings, Jennings & Jennings, Bishopville, and Edward P. Perrin, Perrin, Perrin, Mann & Patterson, Spartanburg, for respondents.

Heard March 18, 1986.

Decided Oct. 6, 1986.

GARDNER, Justice:

In August 1921, the parents of the parties to this action partitioned and divided among themselves 887 acres of land. At the time of the partition the parents apparently believed they could convey one to the other fee simple title to the parcels of land respectively received by each in the partition. But, only 428 acres of the land (estate property) were owned

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