Cathcart v. Matthews
Supreme Court of South Carolina
Before Sease, J., Winnsboro, September, 1912. Action b)'- William M. Cathcart, as administrator, etc., of the estate of John H. Cathcart, deceased, against John P. Matthews, continued after his death against J. E. Matthews and another, as his executors.
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Before Sease, J., Winnsboro, September, 1912. Action b)'- William M. Cathcart, as administrator, etc., of the estate of John H. Cathcart, deceased, against John P. Matthews, continued after his death against J. E. Matthews and another, as his executors. Judgment for plaintiff, and defendants appeal. submit: Action cannot be sustained as one of trespass quare clausum fregit: 28 A. & E. Enc. of R. (2d ed.) 573; 59 S. C. 131; 86 S. C. 361-366; 60 S. C. 401. Hither actual or constructive possession essential: 28 A. &. E. Enc. of R. (2d ed.) 573-575; note in 30 R. R. A. (N. S.) 243; 86 S. C. 358;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought December 2, 1908, by plaintiff, as administrator of the estate of John H. Cathcart, against John P. Matthews, to recover $6,000, the rents and profits of a storehouse and lot in Winnsboro. At the first trial, in 1910, a verdict was directed for defendant, which was set aside on appeal. 91 S. C. 464, 74 S. E. 985, Ann. Cas. 1914a, 36. On the second trial, in 1912, plaintiff recovered judgment for $100, and defendant appealed. Matthews died in 1913, and the action was continued against his executors.
Divested of…
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