Shettlesworth v. Hughey
Court of Appeals of South Carolina
BEFORE WARDLAW, J\, AT UNION, FALL TERM, 1855. The report of his Honor, the presiding Judge, is as follows: “ Trespass to try titles. “ The plaintiff, in opening his ease, stated that there had been a former adjudication between these parties, of the title now in question, which was conclusive in favor of the plaintiff.
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BEFORE WARDLAW, J\, AT UNION, FALL TERM, 1855. The report of his Honor, the presiding Judge, is as follows: “ Trespass to try titles. “ The plaintiff, in opening his ease, stated that there had been a former adjudication between these parties, of the title now in question, which was conclusive in favor of the plaintiff. “ He adduced the record of an action of trespass quare clausum, fregit, brought by this plaintiff against this defendant, to recover damages for the defendant’s invasion of the plaintiff’s possession of the same land that is sued for in this case, and he offered the grounds of…
1Opinion of the Court
The opinion of the Court was delivered by
O’Neall, J.
This case has been the subject of much dis-. cussion, both at the Bar and on the Bench.
A conclusion has been at last attained, and I desire to announce it in as brief a way as I can. There is now no doubt, that a defendant in trespass quare clausum fregit, may justify his entry by showing title in himself. Muldrow ads. Jones, Rice, 64. This necessarily involves the plaintiff’s title, for he may reply to the defendant’s apparent title by showing a paramount title in himself, and may recover on the strength of his own title. This actually…
2Cases cited1 opinion
- Kerr v. ChessSupreme Court of Pennsylvania · 1838