Lancaster v. Seay

Court of Appeals of South Carolina

Lancaster v. Seay

27 S.C. Eq. 111

DecidedDecember 15, 1853

StatusPublished

This text of 27 S.C. Eq. 111 (Lancaster v. Seay) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lancaster v. Seay, 27 S.C. Eq. 111 (S.C. Ct. App. 1853).

Pincite

Opinion

Per Curiam.

The second ground of appeal insists that the plaintiff was entitled to a division of the property, whether considered as the estate of his father or as that of his mother. This is very extraordinary. The bill does not even mention the mother, or suggest that she survived the father, or if she did, that she is dead, or left any estate. It simply states the death of the father, describing the estate he left, and enumerates his children, saying that they are his heirs.

The other grounds of appeal relate to matters purely of discretion ; and not seeing that the Chancellor erred in the exer. [114]*114cise of that discretion, it is ordered that the decree be affirmed ' and the appeal dismissed.

Johnston, Dunkin, Dargan and Wardlaw, CC., concurring.

Appeal dismissed.

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Per Curiam.

The second ground of appeal insists that the plaintiff was entitled to a division of the property, whether considered as the estate of his father or as that of his mother. This is very extraordinary. The bill does not even mention the mother, or suggest that she survived the father, or if she did, that she is dead, or left any estate. It simply states the death of the father, describing the estate he left, and enumerates his children, saying that they are his heirs.

The other grounds of appeal relate to matters purely of discretion ; and not seeing that the Chancellor erred in the exer. [114]*114cise of that discretion, it is ordered that the decree be affirmed ' and the appeal dismissed.

Johnston, Dunkin, Dargan and Wardlaw, CC., concurring.

Appeal dismissed.

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Bluebook (online)

27 S.C. Eq. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lancaster-v-seay-scctapp-1853.