Lewis v. Cooley
Supreme Court of South Carolina
Before Hydrick, J., Greenville, December, 1907. Action by R. A. Lewis against Reuben Cooley. From judgment for defendant, plaintiff appeal's. cites: Cooley could not interpose an equitable defense to an admitted legal title in ejectment: 11 Am.
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Before Hydrick, J., Greenville, December, 1907. Action by R. A. Lewis against Reuben Cooley. From judgment for defendant, plaintiff appeal's. cites: Cooley could not interpose an equitable defense to an admitted legal title in ejectment: 11 Am. St R., 597; 21 Id., 007; 22 Id., 531; 16 S. E., 322; 15 Id., 753; 8 Id., 887; 32 S. C., 146. cites: Issue of tenancy was question of fact for magistrate: 10s S. C., 301; 48 S. C., 149, 183; Code 1902, 2423. The relation of mortgagor and mortgagee existed, and ivas not extinguished by giving rent notes: 41 S. C„ 163; 37 S. C., 489; Code 1902, 2651-2; 29…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This was a summary proceeding in ejectment before a magistrate, under sec. 2423, Civil Code. The defendant made return, which admitted that legal title to the premises was in plaintiff, but denied that he was tenant of plaintiff, alleging that the relation between defendant and plaintiff was that of mortgagor and mortgagee; that defendant was in possession as equitable owner of the premises ; and that, upon an accounting between them, defendant would owe plaintiff very little. Upon the evidence submitted the magistrate granted the…
2Cases cited4 opinions
- State v. JacksonSupreme Court of South Carolina · 1892
- Swygert v. GoodwinSupreme Court of South Carolina · 1890
- Brewster v. McNabSupreme Court of South Carolina · 1892
- Carlisle v. PriorSupreme Court of South Carolina · 1897
3Cited by7 opinions
- Stewart-Jones Co. v. ShehanSupreme Court of South Carolina · 1924
- Brockington v. LynchSupreme Court of South Carolina · 1922
- Metropolitan Life Ins. Co. v. StuckeySupreme Court of South Carolina · 1940
- Mason v. FinleySupreme Court of South Carolina · 1924
- McKinney v. FlaneryCourt of Appeals of Kentucky · 1924
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