Jeter v. Knight

Citations

• 81 S.C. 265

Syllabus

<p>Partition — Easement—Judgments—Parties.—Grantee of one cotenant of an easement to overflow a portion of the common property is a necessary party to partition suit. Where a judgment in partition is obtained without notice to grantee of the easement and under such circumstances as indicate partition was intentionally obtained to the prejudice of such grantee, the Court will open the judgment under section 195, of Code, require such grantee to be made a party, and issue the writ commanding the commissioners to protect, if practicable, the interest of such grantee by assigning to the granting tenant that portion of the property burdened with the easement.</p>