Hardin v. Hardin 32 S.C. 599

No. 2598.

Hardin v. Hardin.

November Term, 1889.

Action by M. • L. Hardin against William Hardin for partition, and F. M. Trimmier was made a party defendant upon the allegation that he claimed an interest in, or lien upon, the undivided half interest of William Hardin. Wm. Hardin answered, admitting the allegations of the complaint. Trimmier denied that plain*600tiff had any interest, and asserted his mortgage against his co-defendant to secure a note of $1,200, but this answer was not served upon the defendant Hardin. Plaintiff claimed a half interest in the. land under a deed from F. M. Trimmier, whereby, in consideration of $1,635, “paid by William Hardin and M. L. Hardin,” he granted, &c., to William Hardin Hardin,” * * * to have and to hold, &c., “unto the said William Hardin and heirs and assigns forever” — the name of M. L. Hardin not being mentioned, except in the consideration clause. The Circuit Judge (Fraser) held that plaintiff had made out no title to an interest in the land and dismissed the complaint; and he further held that there being no case for partition, he could not decree a foreclosure of Trimmier’s mortgage.

On plaintiff’s appeal from so much of the decree as affected her rights, this court affirmed the ruling of the Circuit Court and held that “the transaction was incomplete, and that the deed actually conveyed no interest to M. L. Hardin.”

Judgment affirmed.

March 28, 1890.

Nieholls $ Moore, for appellant.

Carlisle Hydrick, contra.