Anderson v. Darby
Supreme Court of South Carolina
This was an action of trespass quar^ clausumfregit'j Tried before Mr. Justice Johnson, at Union, October' Term, 1818. To establish the plaintiffs’ right to recover, the defendant, in pursuance of notice given for that purpose, was' called on,-and produced alease from Nathan Darby to defendant, dated in 1808,'for the term of thirteen years, which had not,yet run out.
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This was an action of trespass quar^ clausumfregit'j Tried before Mr. Justice Johnson, at Union, October' Term, 1818. To establish the plaintiffs’ right to recover, the defendant, in pursuance of notice given for that purpose, was' called on,-and produced alease from Nathan Darby to defendant, dated in 1808,'for the term of thirteen years, which had not,yet run out. In this lease, the land is described as the property of the plaintiffs; and Nathan Darby, their father, taking upon, himself the title of guardian, un--dertakes to lease the land'to the defendant. ' It was also proved on the part…
1Opinion of the Court
•Mr.. Justice Johnson
delivered the opinion of the Court.
The first ground of the motion for a non-suit, although it embraces two distinct points, presents but one which requires consideration, and that'is, whether the recital in the lease is sufficient evidence of title in the plaintiffs, between the parties to this action. For admitting that a possession is necessary to maintain this action, y.et, a .possession ■before entry made by the defendant, and fro.m immediate* ly after it, up .to the present day, no one will doubt, was such a possession as would support .this action; and although it…
2Cases cited1 opinion
- Jackson ex dem. Davy v. De WaltsNew York Supreme Court · 1810