Wilkins v. Willimon

(dissenting) : I am unable to agree that the proposition upheld in the majority opinion warrants a reversal. Aside from the consideration that the point sustained is not properly raised by the exceptions, I do not think the conclusion reached is in accord with certain prior adjudications of this Court, which I see no sound reason for discrediting.

In the case of Reynolds v. Philips, 72 S. C., 32, 34; 51 S. E., 523, 524, this Court, speaking through the present Chief Justice, said:

“The satutory action of claim and delivery is practically a combination of the former actions of replevin and…