Kennemore v. Kennemore

Citations

• 26 S.C. 251
• 1 S.E. 881
• 1887 S.C. LEXIS 27

Syllabus

<p>1. A witness, once having an interest and a nominal party defendant to the action, is not incompetent to testify in behalf of defendants to transactions between a person deceased, under whom the plaintiffs claim, and a third person.</p> <p>2. Circuit Judge concurred with referee that there had been a parol partition. Such concurrence in findings of fact in the court below is rarely disturbed, and was approved in this case.</p> <p>3. A parol partition is binding upon the parties if there is sufficient proof of part performance to take it out of the statute of frauds; and actual possession is the most satisfactory evidence of part performance.</p>