Kittles v. Williams
Supreme Court of South Carolina
Before Benet, J., Hampton, October, 1901. Action by H. R. Kittles against J. S. Williams and J. P. Williams & Co. From order overruling demurrer, defendant, J. S. Williams, appeals. cite: Allegations of complaint do not make such cloud as equity will remove: 3 Pom. Eq. Jur., sec. 1399; McM. Eq., 3451 4 S. C., 369; 32 S. C., 503; 41 S. C., 517; 28 S. C., 540; 2 McC. Ch., 23. Question of title is one of law and not equity: 6 Ency., 1 ed., 710; 14 Rich.
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Before Benet, J., Hampton, October, 1901. Action by H. R. Kittles against J. S. Williams and J. P. Williams & Co. From order overruling demurrer, defendant, J. S. Williams, appeals. cite: Allegations of complaint do not make such cloud as equity will remove: 3 Pom. Eq. Jur., sec. 1399; McM. Eq., 3451 4 S. C., 369; 32 S. C., 503; 41 S. C., 517; 28 S. C., 540; 2 McC. Ch., 23. Question of title is one of law and not equity: 6 Ency., 1 ed., 710; 14 Rich. Eq., 155. Court will not enjoin enforcement of void judgment: 15 Cal., 133 ; 6 Ency., 15713 Barb., 481; 2 N. Y., 123 ; 9 Paige, 3§9- cite:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
As the appeal herein is from an order overruling a demurrer to the 'Complaint, on the ground that it did not state facts sufficient to constitute a cause of action, it will be necessary to refer to the complaint, which is as follows:
“The complaint of the above named plaintiff respectfully shows to this Court:
“I. That at the time herein mentioned, J. S. Williams and C. L. Chesnut were and still are partners in trade as J. P. Williams & Co.
“II. That on or about the 22d day of October, 1887, J. P. Williams & Co. in a foreclosure suit…
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