Lucius v. Dubose
Supreme Court of South Carolina
Before Whaley, J., County Court, Richland, April, 1918. Action by Eloise M-. Lucius against E. C. DuBose. From judgment for defendant, the plaintiff appeals. cite: The duty of the Judge is to charge the law applicable to the facts: Const., art. V, sec. 26; 109 S. C. 245. Judge charged jury as if action teas one to recover real estate; whereas, it was action quare clausum fregit: 86 S. C. 358; 104 S. C. 456; 110 S. C. 474. cite: Action was for trespass to try title, and not…
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Before Whaley, J., County Court, Richland, April, 1918. Action by Eloise M-. Lucius against E. C. DuBose. From judgment for defendant, the plaintiff appeals. cite: The duty of the Judge is to charge the law applicable to the facts: Const., art. V, sec. 26; 109 S. C. 245. Judge charged jury as if action teas one to recover real estate; whereas, it was action quare clausum fregit: 86 S. C. 358; 104 S. C. 456; 110 S. C. 474. cite: Action was for trespass to try title, and not quare clausum fregit: 104 S. C. 456. Defendant proved title in himself and is entitled to verdict, even in action quare…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for damages 'for trespass on a strip of land, containing 5.85 acres, and for injunction against further trespass. Plaintiff alleged title and possession in herself. Defendant denied these allegations, and set up title and possession in himself. On plaintiff’s, motion, the Court enjoined defendant, pendente lite, from entering upon the land in dispute. At the trial, in response to a question asked by defendant’s attorneys, plaintiff’s attorneys stated that plaintiff claimed the land in dispute, both by virtue of her…
2Cases cited5 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Myrick v. Liquid Carbonic Co.Supreme Court of Georgia · 1911
- Patterson v. CrenshawSupreme Court of South Carolina · 1890
- Napier v. MathesonSupreme Court of South Carolina · 1910
3Cited by6 opinions
- Battle v. DevaneSupreme Court of South Carolina · 1927
- Lyles v. FellersSupreme Court of South Carolina · 1926
- Loyola Federal Savings Bank v. Thomasson PropertiesCourt of Appeals of South Carolina · 1995
- Cooke v. State Highway DepartmentSupreme Court of South Carolina · 1930
- Nelson v. Camp Mfg. Co.District Court, D. South Carolina · 1942
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