State v. Bates
Supreme Court of South Carolina
Before Audrich, J. Anderson, September, 1909, term. Indictment against James Bates, James Hix, Ed Rhodes and Arthur Keasler for forcible entry and detainer and destroying landmarks. From sentence on verdict of guilty on the first count, defendants appeal.
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Before Audrich, J. Anderson, September, 1909, term. Indictment against James Bates, James Hix, Ed Rhodes and Arthur Keasler for forcible entry and detainer and destroying landmarks. From sentence on verdict of guilty on the first count, defendants appeal. That portion of the charge objected to in the last exception is : “When one comes into law to recover possession of real estate the party in possession is presumed to be the true owner, and he has not got to make out his title, as it is presumed that he has a good and perfect title, and the plaintiff can’t recover in such an action unless he…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendants were convicted of forcible entry and detainer of a strip of land alleged to have been in the possession of A. B. Atkins.
1 The first question raised by the appeal is whether the Circuit Judge erred in refusing to direct a verdict of acquittal on the ground that there was no evidence of such conduct on the part of the defendants as would constitute the crime of forcible entry and detainer. The evidence was to the effect that Atkins had been for some years in possession of the strip of land, which is the subject of…
2Cited by4 opinions
- Vance v. FergusonSupreme Court of South Carolina · 1915
- Dupre v. Tilghman Lumber Co.Supreme Court of South Carolina · 1920
- Frederick v. ChapmanSupreme Court of South Carolina · 1928
- Brown v. Southern Railway Co.Supreme Court of South Carolina · 1926