Cave v. Anderson
Supreme Court of South Carolina
Before Addrich, J., Barnwell, March, 1896. Action in ejectment by S. C. Cave against B. B- Anderson. Judgment for plaintiff.
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Before Addrich, J., Barnwell, March, 1896. Action in ejectment by S. C. Cave against B. B- Anderson. Judgment for plaintiff. Defendant appeals on following exceptions: 1. Because his Honor, it is respectfully submitted, erred in refusing to grant the nonsuit asked for by the defendant at the close of plaintiff’s case. 2. Because his Honor, it is respectfully submitted, when refusing said motion for a nonsuit, erred in holding that the defendant and plaintiff both claimed from a common source in Mrs. Sarah Stansell, when there was no testimony adduced to sustain said ruling; but, on the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action for the recovery of a lot of land in the town of Elko, in Barnwell County, and also a tract in same county containing 252 acres. The complaint alleges that plaintiff is seized and possessed in fee of said premises, and that defendant wrongfully withholds same, to his damage $500. The answer is a general denial.
At the beginning of the testimony, defendant’s counsel consented that plaintiff have judgment for the lot in Elko, leaving the 252 acre tract alone in dispute. The testimony in behalf of plaintiff tended to…
2Cited by2 opinions
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