Reid v. McGowan

Citations

• 28 S.C. 74
• 5 S.E. 215
• 1888 S.C. LEXIS 19

Syllabus

<p>1. A person owning 242 acres of land, mortgaged the land as 200 acres, naming the lands of his adjoining neighbors as the boundaries. Held, that he was not entitled to claim 42 acres of this tract for a homestead as against this mortgage.</p> <p>2. A finding of fact by the master, concurred in by the Circuit Judge, approved. Such finding being not without evidence to. sustain it, must stand as an established fact in the case.</p> <p>3. A decree in an equity cause does not acquire its lien as a judgment from the date of the filing but only from the date of its proper entry in the Abstract of Judgments. What is a proper entry?</p> <p>4. Whore a father died, leaving one-fourth of his estate in trust for ,his daughter, E., who brought her action to recover her interest from her brother, the executor, who was in possession of the land of testator, and a decree was rendered that a part of this land be conveyed to E. (which 'was done), and that the executor pay her §1,000, this decree did not operate as a specific charge upon the lands of testator retained by the executor, nor has the statutory lien in cases of partition, under the act of 1791, any'application.</p>