Walsh v. Evans
Supreme Court of South Carolina
Before Memminger, J., Richland, Spring term,--. Action by William J. Walsh and others against Matilda A. Evans and others. Judgment of nonsuit, and plaintiffs appeal. Code Civ.
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Before Memminger, J., Richland, Spring term,--. Action by William J. Walsh and others against Matilda A. Evans and others. Judgment of nonsuit, and plaintiffs appeal. Code Civ. Proc. 1912, sec. 123, is as follows: “1. No action for .recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of such action. “2. The plaintiff in all actions for recovery of real property, or the recovery of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal involves the application of section 123 of the Code of Civil Procedure to the facts of the instant case. Let that section be reported. The issue of law is : Have the plaintiffs brought, before the instant one, an action to recover the real property now by the instant action confessedly sought to be recovered ?
There is no question made about the performance by the plaintiffs of the proviso to the statute; for the costs of the first action were not paid, and the instant action was not brought within two years specified by the…
2Cases cited6 opinions
- Carr v. MouzonSupreme Court of South Carolina · 1912
- Foster v. FosterSupreme Court of South Carolina · 1908
- Hall v. BoatwrightSupreme Court of South Carolina · 1900
- Elmore v. DavisSupreme Court of South Carolina · 1897
- Reams v. SpannSupreme Court of South Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Van Every v. Chinquapin Hollow, Inc.Supreme Court of South Carolina · 1975
- Cooper River Timber Co. v. ConeSupreme Court of South Carolina · 1936
- Cooper v. BaxleySupreme Court of South Carolina · 1940
- Morris v. LambertSupreme Court of South Carolina · 1950
- Winn v. GranthamSupreme Court of South Carolina · 1974