Fleming v. Chappell

Citations

• 118 S.C. 290
• 110 S.C. 148

Syllabus

<p>1. Partition—Not Subject to Collateral Attack by Reason of Absence of Order for Publication in Judgment Roll.—That an order for publication in a partition proceeding against a minor defendant in another State is not in the judgment roll, where good practice would place it, does not overcome the presumption, in a ■ coilateral action, that the Court would not have acted in ordering and confirming a sale and partition without its existence, especially where the record shows personal service in compliance with Code Civ. Proc. 1912, § 188, and appointment and appearance of a guardian ad litem chosen by the minor, in view of Sections 165 and 185.</p> <p>2. Evidence—Evidence Contradicting Record Held Inadmissible.— In a collateral action attacking proceedings in partition ordering and confirming a sale, evidence of defendant in prior action that he was not served with process was properly excluded, where it contradicted the record.</p>