
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1804.
    Carnes & Wife v. White.
    To a writ of partition under the act of 1791, the commissioners may make a special return, recommending that the property be vested m one- of the parties interested, on his paying a- specified suih of money to the others. Vide 1 Faust, 28:
    
    Motion to reverse a decision of Grimke, J. in Lancaster district, and to confirm the return io a writ of partition. The writ issued to divide the estaie of James White, who died intestate. The commissioners certified that a plantation, or tract of land, described in the writ, could not be divided without manifest injury to the parties interested ; and that, in their opinion, it would' be best that the plantation in question should be vested' in the plaintiffs, oue of the' parlies interested, upon their paying the other party a certain speci-fied sum of money, &c : a,, d they certified the value of the land. Oa motion to confirm this return of the commissioners, Grimke, J, was of opinion, that the commissioners should have recommended a sulf of tiie land ; and that without a sale; it could not be vested wholly i i one of the parties intitleci to a distributive share: and he therefore, refused to confirm the return.
   By the court.

(All the judges present, except Lee, J. absent sick.)

The act of 1791, tor abolishing the rights of primogeniture, &o. authorizes the commissioners appointed to execute any writ of partition, to make a special return of the property, and the value thereof truly appraised, and to certify their opinion to the court, whether it will be most for the benefit of the parties io deliver over tq tne or more of the parties interested therein, the property which cannot be fairly divided, upon the payment of a sum of money, to be assessed by the commissioners, or to sell Ihe same at public auc. fcion : and ihe court shall consider and determine the same. And if it shall appear to the court, that it will be for the benefit of all parties interested iti the said estate, that the same should be vested in one person, or more persons, intitled to a portion of the same, oa the payment of a sum of money, they shall determine accordingly; .and the said person, or persons, on payment of the consideration money, shall be vested with the estate, &c. as the ancestor was vested : or the court may direct a sale. (1 Faust, 28.) The judge in the district court was mistaken, in supposing that the commissionsrs could not make the special return they have made,

Mplion granted.  