42 S.C.L. 284
Court of Appeals of South Carolina
Decided May 15, 1855
Court of Appeals of South Carolina · decided 1855-05-15
BEFORE O’NEALL, J., AT SUMTER, SPRING TERM, 1855. Under a bill in Equity between the parties for partition, the Circuit Court of Equity made an order, that an issue at law, in the nature of an action to try the title, be made up, &c; “ that either party be at liberty to prosecute, an appeal to the law Court of Appeals, and that the final result be certified to this Court.” The jury found for the defendants; and the plaintiffs appealed, and now moved this Court for a new…
Decided 1855-05-15
¶1In this case the Court of Law Appeals have conferred with their brethren of the Equity Court of Appeals, and have come to the conclusion that the practice, settled in 1812, by the Court of Appeals in Equity, in Taylor vs. Mayrant, 4 Eq. Eep. 514, should be untouched. According to that case, the appeal should be to the Court ordering the issue.
¶2This Court declines, therefore, to hear the appeal. The case is stricken from the docket.