Woodward v. Elliott

Citations

• 27 S.C. 368
• 3 S.E. 477
• 1887 S.C. LEXIS 138

Syllabus

<p>1. In an action for partition of an intestate’s estate, the widow was made a party-defendant and duly served; and while the complaint did not state that she was the widow nor define her interest, but, on the contrary, seemed to class her as one of the children, yet throughout the progress of the case her share was treated as a third, she took part in the partition proceedings, and named one of the commissioners. Held, that she was bound by the sale which was ordered in the cause.</p> <p>2. This defendant knew, or had the opportunity of knowing, everything that was done in the progress of the cause, and therefore no ground exists for opening the order of sale.</p> <p>3. In November, 1885, the Circuit Judge, then under assignment to the Circuit, and while in the county where the land lay, had power at chambers to hear a case of partition and to render judgment therein, without the consent of all the pai-ties to the cause.</p> <p>4. But, it seems, that he has not such power while in a county other than that in which the land to be partitioned, or some part thereof, is situated.</p>