Rhodes v. Russell

Citations

• 38 S.C. 421
• 17 S.E. 222
• 1893 S.C. LEXIS 80

Syllabus

<p>Partition — Disputed Title — Trial.—In action for partition, if plaintiff’s title is denied, this issue must be first tried, and by jury, and plaintiff must prove his title. If this question be left to a referee or Circuit Judge, their findings of fact are not revieivable on appeal. The findings in this case, that plaintiff had not traced his disputed title back to a grant or to a common source, are final and fatal to the plaintiff.</p>