Guerard v. Jenkins
Supreme Court of South Carolina
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
- Jones v. BoykinSupreme Court of South Carolina · 1904
- Independent Steam Fire Engine Co. v. Richland LodgeSupreme Court of South Carolina · 1905
3Cited by3 opinions
- Brown v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Cooper v. BaxleySupreme Court of South Carolina · 1940
- Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911