Allen v. Union Oil & Mfg. Co.
Supreme Court of South Carolina
Before Aldrich, J., Union, July 13, 1900. Action for damages to real property by C. L. Allen against Union Oil and Mfg. Co. by the following complaint: “The plaintiff above named complains of the defendant and alleges: “I. That the plaintiff is, and was at the time hereinafter mentioned, the owner and in possession of a certain lot, piece or parcel of land, with the buildings thereon, situated on Church street, in the town of Union, and in the county and State aforesaid, and…
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Before Aldrich, J., Union, July 13, 1900. Action for damages to real property by C. L. Allen against Union Oil and Mfg. Co. by the following complaint: “The plaintiff above named complains of the defendant and alleges: “I. That the plaintiff is, and was at the time hereinafter mentioned, the owner and in possession of a certain lot, piece or parcel of land, with the buildings thereon, situated on Church street, in the town of Union, and in the county and State aforesaid, and bounded on the east and north by said Church street, on the south by lots of Robinson & Allen, and on the west by lot…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The “Case” states that this is an “action for damages to real property.” After the answer, but before the docketing of the case, the plaintiff died. On motion, Judge Aldrich made an order, July 13th, 1900, substituting Conquest Allen, administrator of C. E. Allen, deceased, as plaintiff in said action. The defendant appeals from this order on grounds which raise the question whether this action, being ex delicto, survives the plaintiff, or may be continued by his administrator.
It is conceded that the action is for a tort, and does not…
2Cited by4 opinions
- South Bound R. R. v. BurtonSupreme Court of South Carolina · 1903
- Bemis v. WatersSupreme Court of South Carolina · 1933
- Crosby v. Southern Ry. Co.Supreme Court of South Carolina · 1952
- Mitchell v. Mandeville MillsSupreme Court of Georgia · 1935