Legal Opinion

Vance v. Ferguson

Supreme Court of South Carolina

Decided May 5, 1915No. 9096PublishedCited by 13 opinions

Before Hon. W. A. Hodman, special Judge, Columbia, Action by Alice V. Vance against Carolina A. Ferguson. From judgment for plaintiff against defendant, the latter appeals.

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Before Hon. W. A. Hodman, special Judge, Columbia, Action by Alice V. Vance against Carolina A. Ferguson. From judgment for plaintiff against defendant, the latter appeals. The facts are stated in the opinion. submits: Record of deed to Randolph Cemetery inadmissible, without proof of loss of the original: 35 S. C. 311; 5 Rich. 372; 2 Hill 542; 2 Rich.. 144; 43 S. C. 370; 22 S. C. 365; 59 S. C. 246; 71 S. C. 267; 2 Elliott Ev., sec. 1449; 1 Greenleaf Ev., sec. 558. Force essential in making entry: 19 Cyc. 1134, 1135, 1136; 25 A. & E. Ann. Cas. 872; 15 lb. 802, 804 and 805; 4 Cush. 141; 87 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The plaintiff claims to have sued under sections 4064-4072 of the Civil Code, and particularly under sections 4064-4068 and 4069.

The entire chapter relates to the offense of and the remedy for “Forceable Entry and Detainer.”

The subject matter of dispute is a burial lot in Randolph Cemetery in the city of Columbia, wherein the plaintiff has buried her dead and onto which the defendant is alleged to have forceably entered, for the purpose and performance also to bury his dead. The parties are ñegroes, as were most of the witnesses.

The…

2Cases cited4 opinions

  1. Hertle v. RiddellCourt of Appeals of Kentucky · 1907
  2. Ex Parte McCallSupreme Court of South Carolina · 1904
  3. DeLaine v. AldermanSupreme Court of South Carolina · 1889
  4. State v. BatesSupreme Court of South Carolina · 1911

3Cited by13 opinions

  1. Holland v. Spartanburg Herald-Journal Co.Supreme Court of South Carolina · 1932
  2. Sample v. Gulf Refining Co.Supreme Court of South Carolina · 1937
  3. Walker v. McDonaldSupreme Court of South Carolina · 1926
  4. Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
  5. Doub v. HauserSupreme Court of North Carolina · 1962

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