56 S.C. 1 | S.C. | 1899
The opinion of the Court was delivered by
These three cases were heard together. Each action is by the same plaintiffs for the partition of a tract of land, plaintiffs claiming as heirs at law of B. S. Porter, deceased. The defendant in each case claims title under a decree for sale of said land as the property of B. S. Porter’s estate, under partition proceedings in the case of Porter et al. v. Porter et al., in which, as shown by the record, the plaintiffs in this action appeared as parties plaintiff by their attorney, C. E. Robinson, Esq. This record was introduced in evidence by plaintiffs in this case. Then, over defendant’s objection, plaintiffs testified that they never employed Mr. Robinson, or authorized any one to employ him, and did not know their names were being used in the action for the sale of the lands. Upon this testimony the Circuit Court held the proceedings and judgment in Porter v. Porter void as to plaintiffs, and so decreed for partition in their favor.
The judgment of the Circuit Court is reversed.