Anderson v. Cave

Citations

• 49 S.C. 505
• 27 S.E. 478
• 1897 S.C. LEXIS 177

Syllabus

<p>1. Partition — Probate Court. — The proceeding pleaded by respondent as a case in partition in the probate court, held not to be such a proceeding.</p> <p>2. Ibid. — Ibid.—Jurisdiction.—This Court will only sustain partition of land made by probate court prior to the case of Davenport v. Caldwell, 10 S. C., 817, in those cases where rights are vested by sale for partition.</p> <p>3. Probate Court — Mortgage—Eien.—The court of probate has no jurisdiction to enforce a mortgage or any other lien.</p> <p>4. Judgment — Res Judicata. — A judgment is only conclusive of matters that had of necessity to be determined before judgment could be given.</p>