Friedberg v. Goudeau
This text of 309 S.E.2d 578 (Friedberg v. Goudeau) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appellants brought this action for partition of a cotenancy in which they owned the surface rights and one-half of the mineral rights. The respondents owned the remaining half of the mineral rights. Respondents moved for summary j udgment, and summary j udgment was granted on the ground that appellants impliedly agreed not to seek, partition of the mineral rights.
The record does not reveal that this ground was properly before the trial court. We accordingly reverse the entry of summary judgment. We express no opinion regarding the merits of the partition action.
Reversed.
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Cite This Page — Counsel Stack
309 S.E.2d 578, 279 S.C. 561, 1983 S.C. App. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedberg-v-goudeau-sc-1983.