Brown v. Coney

Citations

• 12 S.C. 144
• 1879 S.C. LEXIS 47

Syllabus

<p>1. The statutory lien given by the act of 1791, in cases of partition of an intestate’s real estate, arises only when such partition has been made pursuant to the provisions of that act, and by a court of competent jurisdiction.</p> <p>2. In the absence of any evidence by record or parol, of the existence of a judgment in partition, such judgment will not be inferred from imperfect and incomplete records of proceedings prior to the writ of partition, showing, in themselves, that the proper parties were not all before the court, although such records are supplemented by parol evidence of an actual partition by certain persons, two of whom were named as commissioners in the order for the writ, and by proof of the loss of records of an adjoining county, in which the decree, if rendered, was signed, and of the papers in the office of the complainant’s solicitor.</p>