Legal Opinion

Rumph v. Hiott

Supreme Court of South Carolina

Decided March 14, 1892PublishedCited by 1 opinion

Action by George Rumph against Joseph Hiott and others, for the recovery of a tract of land, commenced May 17, 1890. The judge charged the'jury as follows: ‘ This is an action brought by the plaintiff, Mr. George Rumph, against Mr. Josiah Hiott and others, for the purpose of recovering certain real estate described in the complaint, and damages for withholding the possession thereof.

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Action by George Rumph against Joseph Hiott and others, for the recovery of a tract of land, commenced May 17, 1890. The judge charged the'jury as follows: ‘ This is an action brought by the plaintiff, Mr. George Rumph, against Mr. Josiah Hiott and others, for the purpose of recovering certain real estate described in the complaint, and damages for withholding the possession thereof. The defendant in his answer denies the allegations of plaintiff, or, in other words, denies that this is the land of the plaintiff, and pleads, also, what is called in law the statute of limitations as a bar to…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Ciiiee Justice McIver.

This was an action to recover possession of real estate, and as it was conceded that both parties claimed from a common source, George Rumph, sr., the real question was whether the plaintiff had established a superior title from that source. It appears that many years ago George Rumph, sr., died, certainly prior to the year 1853, and probably about the year 1848. The plaintiff claims that said George Rumph, sr., was his father, and that he duly made and executed his last will and testament, whereby he devised the land…

2Cases cited1 opinion

  1. Randall v. KreigerSupreme Court of the United States · 1875

3Cited by1 opinion

  1. TROY CEMETERY ASS'N, INC. v. DavisSupreme Court of South Carolina · 1953

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