Ebaugh v. Mullinax
Supreme Court of South Carolina
Before Wallace, J., Berkeley, This was an action by D. C. Ebaugh against A. J.-Mullinax to recover damages for trespass on land. The defendant claimed title in himself under a deed from the Sinking Fund Commission. The judge charged the jury as follows : Mr. Foreman and Gentlemen of the Jury: As I have stated to counsel, I think the act of the general assembly, “To raise supplies for the fiscal year 1880,” is the act that covers this case.
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Before Wallace, J., Berkeley, This was an action by D. C. Ebaugh against A. J.-Mullinax to recover damages for trespass on land. The defendant claimed title in himself under a deed from the Sinking Fund Commission. The judge charged the jury as follows : Mr. Foreman and Gentlemen of the Jury: As I have stated to counsel, I think the act of the general assembly, “To raise supplies for the fiscal year 1880,” is the act that covers this case. That act was passed by the legislature, as it declares, to raise supplies for the fiscal year commencing November 1st, 1880. “To raise supplies” is a…
1Opinion of the Court
The opinion of the court •was delivered by
Mr. Justice McIver.
The plaintiff brought this action against the defendant to recover damages for certain trespasses alleged to have been committed by him on a tract of land claimed by the plaintiff. The defendant, in addition to a general denial, sets up title in himself to said land, acquired at a tax sale made on (5 th February, 1882. At the trial it was admitted that plaintiff had title up to the time of the tax sale, and it was “proved that every step required to be taken by the various acts of the .general assembly of the State for the proper…
2Cited by6 opinions
- Taylor v. StraussSupreme Court of South Carolina · 1913
- Johnson v. JonesSupreme Court of South Carolina · 1905
- Ex Parte ClarkSupreme Court of South Carolina · 1925
- In re EstesDistrict Court, W.D. South Carolina · 1921
- Grier v. City Council, Etc.Supreme Court of South Carolina · 1943
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