McGee v. Hall

• Decision Date: 07 May 1888
• Citation: 6 S.E. 566,28 S.C. 562
• Parties: McGEE et al. v. HALL et al.
• Court: South Carolina Supreme Court

6 S.E. 566

28 S.C. 562

McGEE et al. v. HALL et al.

Supreme Court of South Carolina

May 7, 1888

Appeal from common pleas circuit court of Anderson county; A. P ALDRICH, Judge.

For statement of case, see opinion on former appeal, 1 S.E. Rep 711.

Broyles & Simpson, for appellants.

Murray Breazeale & Murray, for respondents.

McGOWAN J.

This case has been twice before in this court. See 23 S.C. 388 and 1 S.E. Rep. 711. In the opinion last referred to may be found a full statement of the case, showing that it was an action for partition among tenants in common. Judge WITHERSPOON decreed that a certain tract of land (175 1/2) purchased by the defendant Lemuel M. Hall from E. C. Bell referred to by the seventh paragraph of the complaint, is subject to partition and division among the heirs of John M. Hall, deceased; and that in said partition the defendant Lemuel M. Hall is entitled to the one undivided ninth share of Absalom J. Hall by virtue of the deed from E. C. Bell to the said Lemuel M. Hall, etc. "But as it was alleged that the defendant Catharine L. Tucker is entitled, by purchase, to the undivided one-ninth shares of the following heirs, viz., Fenton S. Hall, David L. Hall, Lucinda Hall, and Mary A. Bell, the parties whose shares are alleged to have been purchased as aforesaid are not parties to this action, and there is no proof as to the truth of the allegations as to the said purchase of said shares by Catherine L. Tucker, it will have to be referred to the master to take testimony thereon. It is therefore ordered and adjudged that it be referred to the master to ascertain and report whether or not the defendant Catharine L. Tucker is entitled by purchase, to the shares of Fenton S. Hall, David L. Hall, Lucinda Hall, and Mary E. Bell in the 175 1/2 acres as heirs at law of John M. Hall, deceased, as alleged in the fifth paragraph of the complaint. *** It is further ordered that the defendant Lemuel M. Hall do account to plaintiffs and defendants, heirs at law of John M. Hall, deceased, before the master, for their proportionate share of the rents and profits of the 175 1/2 acres of land, from June 2, 1883, the date of the filing of the complaint." On appeal this decree was affirmed. 1 S.E. Rep. 711. The master gave notice of the reference ordered as to the alleged purchases of Catharine L. Tucker of the shares indicated, and as to the rents and profits of the 175 1/2 acres of land. Defendants' attorney objected to the reference, upon the ground that Judge WITHERSPOON'S decree did not authorize the reference, and particularly that an order of reference was necessary to authorize an inquiry as to the value of the rents and profits of the land. The master, without deciding the question raised, took the testimony upon the question referred, and also touching the rents and profits, without concluding the reference, as it was understood that the defendant would apply for an enlargement of...