Trakas v. Mitchell
Supreme Court of South Carolina
Before Wilson, J., Spartanburg, Fall term, 1915. Action by N. S. Trakas and others, partners trading as N. S. Trakas & Company, against M. V. Mitchell and others.
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Before Wilson, J., Spartanburg, Fall term, 1915. Action by N. S. Trakas and others, partners trading as N. S. Trakas & Company, against M. V. Mitchell and others. From orders granting a temporary and a permanent injunction, the defendants appeal. submits: A defendant in possession cannot-he ousted by temporary injunction: 84 S. C. 39; 27 S. E. 408. As to errors in overruling the demurrer: Civil Code, sections 3501, 3508, 3509; 12 Rich. 49; 58 S. C. 145; 90 S. C. 50; 24 Cyc. 1352, 1353, note 41. A Court of equity cannot interfere and prevent the relief afforded by a statute of the State: 2…
1Opinion of the Court
June 25, 1918. The opinion of the Court was delivered by This is an action for injunction. The complaint alleges:
"(2) That M.V. Mitchell is the owner of a life estate in the property hereinafter described, and that Colonial Trust Company is a corporation, and, as plaintiffs are informed and believe, claim to be the duly constituted agent and trustee for said M.V. Mitchell, with power to collect rents coming due to her.
"(3) That on the 6th day of August, 1910, the said M. V. Mitchell, in consideration of $500 paid to her by plaintiffs, made and executed to plaintiffs a lease on all that…
2Cited by2 opinions
- Hairston v. Carolina Wholesale Furniture Co.Court of Appeals of South Carolina · 1987
- Peden v. Furman UniversitySupreme Court of South Carolina · 1930