Rice v. Bamberg
Supreme Court of South Carolina
Before Gage, J., Bamberg, spring term, 1900. Action for possession of land by Eugenia M. Rice against E. M. Bamberg. From judgment for defendant, plaintiff appeals. cite: Court must have jurisdiction of infant to bind him: 17 S. C., 435; 23 S. C., 166; 24 S. C., 376. Court will indulge in no presumptions against the record nor the averments' thereof: 34 Cal., 394; 45 Cal., 464; 46 Cal., 636; 13 Kan., 471; 4 Or., 313; 18 Wall., 336. Life tenant cannot annihilate estate of…
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Before Gage, J., Bamberg, spring term, 1900. Action for possession of land by Eugenia M. Rice against E. M. Bamberg. From judgment for defendant, plaintiff appeals. cite: Court must have jurisdiction of infant to bind him: 17 S. C., 435; 23 S. C., 166; 24 S. C., 376. Court will indulge in no presumptions against the record nor the averments' thereof: 34 Cal., 394; 45 Cal., 464; 46 Cal., 636; 13 Kan., 471; 4 Or., 313; 18 Wall., 336. Life tenant cannot annihilate estate of remainderman: Rich. Eq. Ca., 366; 25 S. C., 519; 16 S. C., 228; 53 S. C., 31; 56 S. C., 235; 1 Hill, 69; 17 S. C., 45; 25…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The plaintiffs brought this action to recover possession of a tract of land. The defendant answered, denying all of the allegations of the complaint except the allegation that the defendant is in possession of the land, and setting up the following defenses: 1st, thestatute of limitations; 2d, adverse possession; and 3d, that he is a purchaser for valuable consideration without notice. This last defense was not submitted to the jury, as it was properly triable by the Court in the exercise of its chancery powers.
It appears from the…
2Cases cited1 opinion
- Hahn v. KellyCalifornia Supreme Court · 1868
3Cited by13 opinions
- Kirton v. HowardSupreme Court of South Carolina · 1926
- McDowell v. BeckhamWashington Supreme Court · 1913
- Breeden v. MooreSupreme Court of South Carolina · 1909
- Mitchell v. ClevelandSupreme Court of South Carolina · 1907
- Bolt v. SullivanSupreme Court of South Carolina · 1934
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