Kelly v. Tiner
Supreme Court of South Carolina
Before Shipp, J., Darlinigton, April, 1911. Action by Elias Kelly and Burrell J. Kelly against John Tiner. The complaint is: “The plaintiffs, -oompdaiiniiiTg of the defendant, allege: 1. “That the old ‘Kelly Cemetery’ is a plot of land in Darlington county, situated on the public road leading from Harbsvillei to Timmonsvilie, containing two (2) acres- of land, and -is bounded on the east by the s'aid public road leading from Hartsvilla to Timmonisville and fronting…
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Before Shipp, J., Darlinigton, April, 1911. Action by Elias Kelly and Burrell J. Kelly against John Tiner. The complaint is: “The plaintiffs, -oompdaiiniiiTg of the defendant, allege: 1. “That the old ‘Kelly Cemetery’ is a plot of land in Darlington county, situated on the public road leading from Harbsvillei to Timmonsvilie, containing two (2) acres- of land, and -is bounded on the east by the s'aid public road leading from Hartsvilla to Timmonisville and fronting thereon'one acre; and is bounded on all other sides by lands of the defendant, John Timer; and is mow being used and has been…
1Opinion of the Court
The opinion: of the Court was delivered) by
Mr. Justice Watts.
This is a suit for permanent injunction. His Honor, Judge Shipp, sustained the demurrer to the complaint interposed by the defendants, and for a proper understanding of the case it will be necessary that the complaint, demurrer and order of Judge Shipp and the exceptions be reported with the case, He allowed an amendment to the complaint on motion of plaintiffs. The exceptions allege error in his decision. He based his order sustaining the demurrer on the ground, “the oompla'int did not state facts sufficient to constitute a cause…
2Cases cited3 opinions
- Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899
- Threatt v. Brewer Mining Co.Supreme Court of South Carolina · 1897
- South Carolina Steamboat Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of South Carolina · 1896
3Cited by10 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Smith & Gaston Funeral Directors, Inc. v. DeanSupreme Court of Alabama · 1955
- Sons v. Federal Land Bank of ColumbiaSupreme Court of South Carolina · 1933
- Osteen v. Southern Railway Co.Supreme Court of South Carolina · 1915
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