Legal Opinion

Naples v. Spencer

Supreme Court of South Carolina

Decided April 21, 1914No. 8807PublishedCited by 3 opinions

Before Gage, J., Action for the recovery of an undivided interest in lands, and the partition of the same, by Hercules Maples against Kate Spencer. From an order dismissing complaint, plaintiff appeals.

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Before Gage, J., Action for the recovery of an undivided interest in lands, and the partition of the same, by Hercules Maples against Kate Spencer. From an order dismissing complaint, plaintiff appeals. Nonsuit improper in equitable action: 88 S. C. 183; 54 S. C. 115; 23 S. C. 388; 25 S. C. 72; 28 S. C. 530; 31 S. C. 262; 41 S. C. 195; 52 S. C. 236; 53 S. C. 367; 71 S. C. 280; 76 S. C. 167; 36 S. C. 559. The testimony as to marriage relation should have been submitted lo the jury: 75 S. E. 964; 73 S.E. 775; 54 S. C. 498'; 26 S. C. 187; 20 S. E. 745; 33. S. C. 198; 38 Cyc. 1557-1558. Tenant…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for partition brought by the plaintiff against defendant. The complaint alleged that the plaintiff and defendant were tenants in common of a certain tract of land, and defendant was wrongfully withholding plaintiff’s part after renting the same from him, and refused to let him enter and enjoy his part, and claims title to the whole. The answer denies the allegations of the complaint, and alleges title in the defendant, and alleges peaceable possession in herself for more than 20 years, claiming it as her own, and…

2Cases cited1 opinion

  1. Childs v. ChildsSupreme Court of South Carolina · 1913

3Cited by3 opinions

  1. Palmetto State Medical Center, Inc. v. Operation LifelineCourt of Appeals for the Fourth Circuit · 1997
  2. Palmetto State Medical Center, Inc. v. LifelineCourt of Appeals for the Fourth Circuit · 1997
  3. Scott v. NewellSupreme Court of South Carolina · 1928

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