Turner v. Pool
Supreme Court of South Carolina
Before Bowman, J., Action by S. A. Turner and another against John Pool and others for recovery of an undivided interest in lands, and partition of the same. From an order sustaining a demurrer to the answer, the defendant, Pearson, appeals.
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Before Bowman, J., Action by S. A. Turner and another against John Pool and others for recovery of an undivided interest in lands, and partition of the same. From an order sustaining a demurrer to the answer, the defendant, Pearson, appeals. The former cites: Plea of statute of limitations can not be raised by demurrer: 22 S. C. 584; 16 S. C. 379; 80 S. C. 224; 70 S. C. 315; ‘Code Civil Proc. 94, 118, 119. Statute of limitations inapplicable to defense of fraud: Code Civil Proc. 137, s. d. 6; 93 S. C. 405; 47 S. C. 133; 33 S. C. 28; 340 S. C. 153; 38 S. C. 500 And to actions for recovery of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from an order of Judge Bowman sustaining a demurrer to the answer of Emily C. Pearson, appellant here, to a complaint brought by the respondents for the recovery and partition of certain real estate. The respondents claim as heirs at law, next of kin, and distributees of W. P. Turner, deceased, and allege that Susan Turner, the wife, by deed in her lifetime conveyed the land in dispute to him reserving in herself a lifetime support and the use of the premises; that W. P. Turner lived about four years after his wife,…
2Cases cited5 opinions
- Amaker v. NewSupreme Court of South Carolina · 1890
- Jackson v. PlylerSupreme Court of South Carolina · 1893
- Atlanta & Charlotte Air Line Railway Co. v. Victor Manufacturing Co.Supreme Court of South Carolina · 1913
- Goforth v. GoforthSupreme Court of South Carolina · 1896
- McGee v. JonesSupreme Court of South Carolina · 1891