Garvin v. Garvin
Supreme Court of South Carolina
Before Fraser, J., Aiken, April, 1893. This was an action by John Garvin against R. C. Garvin for the recovery of a tract of land, commenced February, 1885. The charge of the judge (exclusive of his remarks on a side issue having no bearing whatsoever on the questions raised on the appeal) was as follows: Gentlemen of the Jury: This action has been brought to recover possession of a tract of land, and damages for its retention.
Read the full summary
Before Fraser, J., Aiken, April, 1893. This was an action by John Garvin against R. C. Garvin for the recovery of a tract of land, commenced February, 1885. The charge of the judge (exclusive of his remarks on a side issue having no bearing whatsoever on the questions raised on the appeal) was as follows: Gentlemen of the Jury: This action has been brought to recover possession of a tract of land, and damages for its retention. Now, in suing for land, the defendant is under no obligation to show his hand at all, till the plaintiff makes out a title; the defendant stands upon his possession…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
This action was brought for the *441recovery of a tract of land, stated in the complaint to contain 900 acres, and damages for its detention. It has been before this court several times. In its different phases it has been tried already four times on the Circuit, and three times in this court. See 13 S. C., 160; 14 Id., 630; 27 Id., 472, and 34 Id., 388. 1 The evidence, except what, was documentary, copies of deeds, &c., has not been printed in the Brief; but, in accordance with what we regard as the proper practice in a law case, the…
2Cited by4 opinions
- Weston v. MorganSupreme Court of South Carolina · 1931
- Watts v. WhetstoneSupreme Court of South Carolina · 1908
- Smith v. LinderSupreme Court of South Carolina · 1907
- Weston v. MorganSupreme Court of South Carolina · 1931