SMITH v. BYERS

Messrs. Gibson Muller and McDonald McDonald, for appellants, cite: 1 Brev. 289; 2 Hill L. 579; 6 S.C. 361; 60 S.C. 322; 24 S.C. 417; 1 S.C. 197; 6 S.C. 146; 19 S.C. 166; 204 Fed. 407. Distinguished: 21 S.C. 455; 58 S.C. 515. Messrs. Spencer Spencer, for respondent, submit: Findings that the executors were in possession, and that possession had not passed to the devisees exclusively, are on the facts, and this being a legal issue, are not reviewable. Here plaintiffs are seeking to oust defendants of their sole possession. Cases distinguished: 60 S.C. 322; 204 Fed. 407. The possession of an executor devisee must be referred to his capacity as executor until debts are paid: 21 S.C. 455; 58 S.C. 515; 10 S.C. 354, 368. Mr. Glenn W. Ragsdale, also for respondent, cites: 21 S.C. 147; Ib. 455; 10 S.C. 368; 58 S.C. 495; 15 S.C. 149.