Maynard v. Campbell
Supreme Court of South Carolina
Before Sitipp, J., Florence, November term, 1920. Action by B. IT. Maynard against W. A. Campbell. From judgment for defendant, the plaintiff appeals. cite: Entry under a parol lease shall after twelve months have the effect •of an estate at will only: 60 S. C. 400. If he remain after first twelve months under circumstances permitting inference of tenancy from year to year, such tenancy runs to end of calendar year: 66 S. C. 170. Mere fact of continuance in possession after…
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Before Sitipp, J., Florence, November term, 1920. Action by B. IT. Maynard against W. A. Campbell. From judgment for defendant, the plaintiff appeals. cite: Entry under a parol lease shall after twelve months have the effect •of an estate at will only: 60 S. C. 400. If he remain after first twelve months under circumstances permitting inference of tenancy from year to year, such tenancy runs to end of calendar year: 66 S. C. 170. Mere fact of continuance in possession after termination of lease not sufficient to create tenancy from year to year: 113 S. C. 212; 102 S. F. 16. Where there is no…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action brought for the purpose of ejecting a tenant holding over after the expiration of his contract under section 3509 of the Civil Code.
The magistrate held that the first year it was a tenancy at will after the 31st of December following the expiration of the first year. An appeal was taken from magistrate’s Court to the Circuit Court, and Judge Shipp held:
“That the facts of the case show that it was a tenancy from year to year, and that in order to eject defendant reasonable notice must be given him looking to the end…
2Cases cited1 opinion
- Wilson v. RodemanSupreme Court of South Carolina · 1889
3Cited by4 opinions
- McNulty v. WindhamSupreme Court of South Carolina · 1937
- Colonial Oil Co. v. American Oil Co.District Court, E.D. South Carolina · 1942
- Croft v. FaustSupreme Court of South Carolina · 1947
- Seibels v. WilliamsSupreme Court of South Carolina · 1939