Legal Opinion

Jones v. Boykin

Supreme Court of South Carolina

Decided November 30, 1904PublishedCited by 7 opinions

Befóle Klugh, J., Kershaw; February, 1903. Action by Mary R. Jones et al. against Burrell H. Boykin. From order sustaining demurrer to complaint, plaintiffs appeal. cites: Limitaton in tax statute does n-ot begin until sheriff puts purchaser in possession: 62 S. C’., 505. The irregularity of assessing this land in name of persons unknown cannot be cured by possession for two• years: 41 S. C'., 540. cite: Rule that demurrer must go io whole cause of action is not violated in…

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Befóle Klugh, J., Kershaw; February, 1903. Action by Mary R. Jones et al. against Burrell H. Boykin. From order sustaining demurrer to complaint, plaintiffs appeal. cites: Limitaton in tax statute does n-ot begin until sheriff puts purchaser in possession: 62 S. C’., 505. The irregularity of assessing this land in name of persons unknown cannot be cured by possession for two• years: 41 S. C'., 540. cite: Rule that demurrer must go io whole cause of action is not violated in this case: 64 S'. C., 221; 5 Ency. P. & P., 336, 337. Two years possession under deed from tax sale makes all…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiffs in this case appeal from an order of Judge Klug‘h sustaining a- demurrer to the complaint for insufficiency, in so far as it attempted to' set up a legal cause of action for the recovery of land. The complaint is as follows:

“I. That many years since, James Amnions, of said county and State, departed this life intestate, seized and possessed, and being the owner in fee of all that tract of land, situate in said county and State, containing seventy-twoi acres, more or less, bounded by lands owned by persons now or…

2Cases cited1 opinion

  1. Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900

3Cited by7 opinions

  1. Glymph v. SmithSupreme Court of South Carolina · 1936
  2. Matthews v. MontgomerySupreme Court of South Carolina · 1940
  3. Leysath v. LeysathSupreme Court of South Carolina · 1946
  4. Guerard v. JenkinsSupreme Court of South Carolina · 1908
  5. Haley v. WhiteSupreme Court of South Carolina · 1950

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