Nicholson v. Villepegue
Supreme Court of South Carolina
Before Copes, J., Kershaw, March term, 1911. Action by J. N. Nicholson against K. S. Villepegue. Plaintiff appeals. cite: Possession by tenant: 3 McC. 422. ' Possession of part possession of whole: 1 McM. 444; 1 N. & M. 356. Allegation of ozvnership includes possession: 21 Fnicy.
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Before Copes, J., Kershaw, March term, 1911. Action by J. N. Nicholson against K. S. Villepegue. Plaintiff appeals. cite: Possession by tenant: 3 McC. 422. ' Possession of part possession of whole: 1 McM. 444; 1 N. & M. 356. Allegation of ozvnership includes possession: 21 Fnicy. P. & P. 823-5, 722; 42 S. C. 144; 37 S. C. 575. Possession is prima facie evidence of title: S'. & W. on Trial Title to Rand, secs. 717-8; 28 Ency. 629; Tyler on Eject. 569; 10 Ency. 486-7; 1 McM. 444, 449; 17 S. C. 157; 2 Bay 133; 3 Buev. 101; 86 S. C. 3-58. Mr. Clarke cites: Plaintiff must show title in himself: 1…
1Opinion of the Court
The opinion of the Court was- delivered by
Mr. Justice Fraser.
This is an action to recover possession of land. Kent says: It, the law of real estate, is by far the most artificial and complex branch of our law. It ought to- be free from artifice and as simple as- the genius of the wisest can make it. The appellant’s attorney said: “There is only one action now under the Code.” That is true; but simplicity does not dispense with matters of substance. It is still required that the plaintiff shall allege his right and prove the right that he alleges.
In this case 'the complaint alleged “that the…
2Cases cited2 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Wilmington, Columbia & Augusta R. R. v. GarnerSupreme Court of South Carolina · 1887
3Cited by7 opinions
- State Ex Rel. Coleman v. LewisSupreme Court of South Carolina · 1936
- Kirton v. HowardSupreme Court of South Carolina · 1926
- E. C. Olsen Co. v. State Tax CommissionUtah Supreme Court · 1946
- Battle v. DevaneSupreme Court of South Carolina · 1927
- Frederick v. ChapmanSupreme Court of South Carolina · 1928
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