Legal Opinion

Hobbs v. Beard

Supreme Court of South Carolina

Decided March 25, 1895PublishedCited by 9 opinions

Before Fraser, J., Bicliland, April, 1894. Action by Martha Hobbs and others against Frances Beard. The judge charged the jury as follows: The rule is, the plaintiff must recover on the strength of his own title, not only in this case but in all cases.

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Before Fraser, J., Bicliland, April, 1894. Action by Martha Hobbs and others against Frances Beard. The judge charged the jury as follows: The rule is, the plaintiff must recover on the strength of his own title, not only in this case but in all cases. There has been a good many requests to charge submitted, but in the view I take of it, I propose to charge you generally, without saying anything about them; if I am in error, the error can be corrected as well that way as any other. When you undertake to prove title to personal property — a horse, for instance — all that is necessary to do is…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gaby.

The above entitled action was commenced on the 15th day of February, 1893, by Martha Hobbs, Henry Beard, and Samuel Beard, for the possession of the whole of certain premises situated in the city of Columbia. Before the trial of the cause, Samuel Beard died, and his heirs at law, Frank Beard, Eugene A. Beard, and Henry E. Beard, were, by an order of the court, substituted in his stead as coplaintiffs of the said Martha Hobbs and Henry Beard.

It is set forth in the complaint that the plaintiff's, as tenants in common, are seized in fee…

2Cases cited2 opinions

  1. Riggs v. TayloeSupreme Court of the United States · 1824
  2. Winn v. PattersonSupreme Court of the United States · 1835

3Cited by9 opinions

  1. Sample v. Gulf Refining Co.Supreme Court of South Carolina · 1937
  2. Merck v. MerckSupreme Court of South Carolina · 1909
  3. Leesville Mfg. Co. v. Morgan Wood & Iron WorksSupreme Court of South Carolina · 1906
  4. Nauful v. National Loan & Exchange BankSupreme Court of South Carolina · 1919
  5. Wynn v. ConeySupreme Court of South Carolina · 1958

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