Stokes v. Murray
Supreme Court of South Carolina
Before Henry Mueeins, Special J., Lee, March, 1910. Action by J. L. Stokes et al. against William Murray. Plaintiffs appeal on the following exceptions: 1. “Having established, prima facie, a legal title to the premises in question, the plaintiffs were presumed to have been possessed of the same within the time required by law. 2. “Section 109 of the Code of Civil Procedure of 1902 has no applcation to this case: (a) because not enacted for forty years; (b) because enacted…
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Before Henry Mueeins, Special J., Lee, March, 1910. Action by J. L. Stokes et al. against William Murray. Plaintiffs appeal on the following exceptions: 1. “Having established, prima facie, a legal title to the premises in question, the plaintiffs were presumed to have been possessed of the same within the time required by law. 2. “Section 109 of the Code of Civil Procedure of 1902 has no applcation to this case: (a) because not enacted for forty years; (b) because enacted after the cause of action accrued, if the view taken by attorneys for defendant is correct. 3. “Section 98 of the Code of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for the recovery of real property heard before special judge Hon. Henry Mullins, and a jury at the spring term of the Court of Common Pleas for Lee County, in 1910. At the close of the evidence in the case, upon motion of defendant’s attorneys, his Honor granted a nonsuit. The plaintiffs gave notice of intention to appeal from this order, but before they perfected their appeal, Judge Mullins signed an order setting aside his order of nonsuit, and appeal was taken from this last order, and that order was reversed in…
2Cases cited1 opinion
- Thomas v. DempseySupreme Court of South Carolina · 1898
3Cited by4 opinions
- Butler v. LindseyCourt of Appeals of South Carolina · 1987
- Stokes v. MurraySupreme Court of South Carolina · 1914
- Stokes v. MurraySupreme Court of South Carolina · 1915
- Butler v. LindseyCourt of Appeals of South Carolina · 1987