Legal Opinion

Parker v. Victoria Real Estate Co.

Supreme Court of South Carolina

Decided September 15, 1916No. 9511PublishedCited by 5 opinions

Before Prince, J., Orangeburg, October, 1915. Action by James L. Parker against the Victoria Real Estate Company. Judgment for plaintiff, and defendant appeals. argue the following exceptions: (1) The Court erred in permitting declarations made by the plaintiff as to his possession, because the Court erred in permitting the plaintiff, Parker, to testify in derogation of his own title in an action in which he was a party plaintiff: 54 S. C. 127, 83 S. E. 388. (2) Because the…

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Before Prince, J., Orangeburg, October, 1915. Action by James L. Parker against the Victoria Real Estate Company. Judgment for plaintiff, and defendant appeals. argue the following exceptions: (1) The Court erred in permitting declarations made by the plaintiff as to his possession, because the Court erred in permitting the plaintiff, Parker, to testify in derogation of his own title in an action in which he was a party plaintiff: 54 S. C. 127, 83 S. E. 388. (2) Because the Court erred in permitting the plaintiff to testify that his solemn deed in fee simple was other than what it appeared to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action to recover possession of the land described in the complaint, and damages for alleged trespasses by the defendant. The defendant denied the alleged ownership of the plaintiff, and set up the defenses of adverse possession, and presumption of a grant. The jury rendered a verdict in favor of the plaintiff for the land in dispute, and $30 damages, and the defendant appealed.

At the time of the commencement of the transactions out of which this action arose, the plaintiff was the owner of a tract of land, containing…

2Cases cited5 opinions

  1. McCown v. MuldrowSupreme Court of South Carolina · 1912
  2. Haygood v. BoneySupreme Court of South Carolina · 1895
  3. Keenan v. LeslieSupreme Court of South Carolina · 1908
  4. McCown v. RuckerSupreme Court of South Carolina · 1911
  5. Murphy v. Atlanta & Charlotte A. L. Ry. Co.Supreme Court of South Carolina · 1915

3Cited by5 opinions

  1. Oliver v. McWhirterSupreme Court of South Carolina · 1918
  2. Driggers v. CannonSupreme Court of South Carolina · 1917
  3. Gardner v. JarrettSupreme Court of South Carolina · 1922
  4. Huffman v. OwingsSupreme Court of South Carolina · 1918
  5. McFadden v. ClarkSupreme Court of South Carolina · 1917

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