The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-10-28
Judgment for Plaintiff.

This case came on to be heard before me up
on the pleadings, testimony, report OF the
Special Master W. A. Lee, Esq, and the ex-
ceptlons thereto.
II appears that after the Special Master had
filed his report in the Clerks office he added
TO IL q finding of fact that the defendant has
received the rents of the place since 1887, and
that the rental value is about fifty dollars per
annum, aud also conclusion OF law mat
plaintiff is entitled to one hundred dollars
damages, as claimed. Plaintiff filed eXcep-
lions alleging error in the failure OF the Spe-
cial Master To make those findings in his orig
inal report before filing 1t, and defendant
Theophilas Baker, excepted upon the ground
that the Special Master had no rlsht 10 MAKE
Whether IL was strictly regular TO make them
after the report was filed or not. they were
findings that should have been made in the
original report and IL Is now SO moullleu as
TO include them.
After hearing argument of counsel, I am
satisfied that the report of the Special Master
is correct in its findings Of law and inct. with
the modification above, and that II should be
On motion of Graydon & Graydon, plain
It is therefore ordered, adjudged and de-
I. That the exceptions Of the defendant,
Theophilas Baker to the report OF the Special
Master be and they are hereby overruled and
that the said report be and the same is hereby
in all respects, except rs hereinbetore modi-
fled, confirmed and made the Judgment OF
this Court.
ant Theophilas Baker, TO the extent OF one
hundred dollars, the amount claimed by the
complaint, is the property OF the plaintif,
and that the defendant, Th,e9philas BAKER 90
pay the same to the piaint1n.
III. That the plaintiff, Mary BLACK, 40 re-
cover of the defendant, Theophilas Baker, the
land In dispute, which Is described as follows:
"AII that tract or parcel Of land situate, lying
and being in Abbeville county. State OF South
Carolina containing eighty-fVe acres, more
or less, and bounded by lands of e. T. Lati-
mer. ]. NJ. Newby and others.
". That the PLAINTIFF Is the legal owner OF
said tract OF land.
V. That the defendant, Theophias Baker,
do Immediately surrender the possession OF
the said tract OF land to the plalntif, and that
m he fail to do so upon demand the Sherif OF
Abbevile county do put the plainiiH In
peaceable and quiet possession OF said tract
" VI THAT the defendant Theophilas Baker,
as admin istrator with the will annexed OF the
estate of James NJ. Latimer, deceased, ms
agents and servants, be perpetuaily enJolnea
and restrained from selling or attempting 10
sell said tract of land under the proceeding
which was heretofore temporarily enjoined
in this action, or under any other proceeding
VII. That the Clerk of this Court do tax
the costs of this case according 10 law, mat
the defendant. Theophilas Baker. 90 pay the
same. and that plaintlH nave iea'c W lSsue
execution therefor.
.rhe only effect of this judgment upon the
defendant, ]. c. Klugh, Master, is TO prevent
him from selling the said land under the Or
der and advertisement mentioned IN the COM
pIajnt. He Is made party rs a mere matter
of form and no personal judgment Is asked or
rendered against him.
1t is further ordered, adjudged and decreed,
That the order TO sell the land herenbeiore
described is as TO the plaintiff absolutely null
and void. for the reason that the paintlf Is
the legal owner OF said tract OF land, ana lot
the further reason that the plaintiff was neV,
er made a party to the action In which said
order was made. ). b. NtTsnhW,
Oct "A, 1891. presluihS 1uuse'