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SMITH v. RUCKER

No. 3733.

357 S.C. 532 (2004)

593 S.E.2d 497

Ernest J. SMITH, Sr., Respondent, v. Joanne RUCKER, Appellant.

Court of Appeals of South Carolina.

Decided February 2, 2004.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Thomas B. Bryant, III, of Orangeburg, for Appellant.

S. Jahue Moore and M. Ronald McMahan, Jr., of West Columbia, for Respondent.

HEARN, C.J.:

This case asks us to determine whether an estate owned by Ernest Smith and his wife, Joanne Rucker, is subject to partition. The case was heard by a master-in-equity, who partitioned the property after finding that the parties owned it as joint tenants with rights of survivorship, a cotenancy subject to partition. Wife appeals, arguing the property is not subject to partition because she and her Husband own the property as tenants in common for life with...

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