Peeples & Peeples v. Warren
Supreme Court of South Carolina
Before Witherspoon, J., Hampton, August, 1897. Two actions by Peeples & Peeples against E. F. Warren, one in claim and delivery, and the other for damages for taking possession of same property. The Circuit .decree is as follows: By consent of counsel, a jury trial was waived, and the two above entitled cases were heard together upon testimony taken and reported by the clerk of court, and the argument of counsel.
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Before Witherspoon, J., Hampton, August, 1897. Two actions by Peeples & Peeples against E. F. Warren, one in claim and delivery, and the other for damages for taking possession of same property. The Circuit .decree is as follows: By consent of counsel, a jury trial was waived, and the two above entitled cases were heard together upon testimony taken and reported by the clerk of court, and the argument of counsel. The first entitled action was commenced October 7th, 1896, to recover damages for the alleged unlawful taking possession by the defendant of a certain engine and boiler and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
These two cases, by consent of counsel, were tried together by Judge Witherspoon without a jury. One case was in claim and delivery to recover possession of an engine and boiler, and the other to recover damages for an alleged unlawful taking possession of the same property. The Circuit Judge found for the defendant and dismissed the complaints. Reference to his opinion, which is reported, may be made for the facts.
The pleadings put in issue the title and possession of plaintiffs, and defendant set up title in himself. Both parties…
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