Legal Opinion

Guerard v. Jenkins

Supreme Court of South Carolina

Decided April 24, 1908No. 6897PublishedCited by 3 opinions

Before Gage, J., Beaufort, September, 1907. Action by Arthur R. Guerard' against Esther E. Jenkins, Robert E. Jenkins, Heyward Jenkins and Stockton Jenkins.

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Before Gage, J., Beaufort, September, 1907. Action by Arthur R. Guerard' against Esther E. Jenkins, Robert E. Jenkins, Heyward Jenkins and Stockton Jenkins. Prom order sustaining demurrer, plaintiff appeals. cites: Plaintiff can maintain action to remove cloud from title: 71 S. C.. 522; 15 S. C., 337; 17 Ency., 669; 43 S. C., 38; 33 S. C., 404. No allegation of possession by defendants and adverse claim: 76 S. C., 517; 14 S. C., 493; 26 & C., 497; 26 S. C., 244. Court of equity has jurisdiction to set aside a tax deed: 57 S. C„ 78; 6 Pom. Eq. Jur., Sec. 734; 158 U. S., 375. Tax deed is void:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This is an appeal from an order sustaining a demurrer to the complaint, and the question is not 'whether the complaint states a cause of action from which the relief asked for could flow, but whether, on proof of facts alleged, the plaintiff would be entitled to any relief at all.

1 It appears from the complaint the defendants are in possession, claiming to own the land in dispute; and plaintiffs assert a legal title against them. The case of Pollitzer v. Beinkempen, 76 S. C., 517, is conclusive against t'he complaint as a statement of…

2Cases cited2 opinions

  1. Jones v. BoykinSupreme Court of South Carolina · 1904
  2. Independent Steam Fire Engine Co. v. Richland LodgeSupreme Court of South Carolina · 1905

3Cited by3 opinions

  1. Brown v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
  2. Cooper v. BaxleySupreme Court of South Carolina · 1940
  3. Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911

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