Legal Opinion

Gunter v. Fallow

Supreme Court of South Carolina

Decided November 8, 1907No. 6703PublishedCited by 8 opinions

Before Mrminger, J., Lexington, Action by Lula Gunter against Martha Fallow and Burt Fallow. From judgment for plaintiff, defendants appeal.

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Before Mrminger, J., Lexington, Action by Lula Gunter against Martha Fallow and Burt Fallow. From judgment for plaintiff, defendants appeal. Mr. Asbill cites: Plaintiff must show perfect title or trace to common source: 71 S. C., 327. cite: Findings by trial court here will not be disturbed if there is evidence tending to support them: 58 S. C., 1; 45 S. C., 107, 33, 494; 19 S. C., 604. • Position not taken in trial court cannot be raised here: 3 Cyc., 243; 47 S:. C., 61; 54 S. C., 223; 63 S. C., 123. One who has taken possession of land under one claim of title cannot afterwards set up an…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

T'he plaintiff brought this action to recover possession of a tract of land in Lexington County. A jury trial was waived and by consent all issues were submitted to Judge Memminger, who gave judgment in favor of plaintiff for the possession of the whole tract in dispute and ten dollars damages.

1 This being an action at law, and the issue of title having been submitted to the Court without a jury, questions of fact must be accepted as finally settled, since we have no jurisdiction to review issues of fact in a law case. Peeples v.…

2Cases cited4 opinions

  1. Colvin v. McCormick Cotton Oil Co.Supreme Court of South Carolina · 1903
  2. Johnson v. JonesSupreme Court of South Carolina · 1905
  3. Peeples & Peeples v. WarrenSupreme Court of South Carolina · 1898
  4. State v. ShawSupreme Court of South Carolina · 1902

3Cited by8 opinions

  1. Sloan v. Greenville CountyCourt of Appeals of South Carolina · 2003
  2. Weston v. MorganSupreme Court of South Carolina · 1931
  3. South Carolina Department of Transportation v. M & T Enterprises of Mt. Pleasant, LLC.Court of Appeals of South Carolina · 2008
  4. Wilson v. Southern Railway Co.Supreme Court of South Carolina · 1923
  5. Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939

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