Campbell v. Harris Lithia Springs Co.
Supreme Court of South Carolina
Before Klugh, J., Laurens, August, 1905. Action by Sudie M. Campbell against the Harris Lithia Springs Company, on the following complaint: “I. That the plaintiff is the widow of the late Rev. Thomas A. Campbell, who departed this life at Anderson, South Carolina, on the-■ day of February, 1905, at which time and for many years prior thereto she was his lawful wife. “II.
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Before Klugh, J., Laurens, August, 1905. Action by Sudie M. Campbell against the Harris Lithia Springs Company, on the following complaint: “I. That the plaintiff is the widow of the late Rev. Thomas A. Campbell, who departed this life at Anderson, South Carolina, on the-■ day of February, 1905, at which time and for many years prior thereto she was his lawful wife. “II. That during the coverture of the plaintiff with the said Rev. Thomas A. Campbell, he was seized and possessed of one undivided half interest in all that tract of land, situate in the county and State aforesaid, npw known as…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
We think the demurrer should have been sustained, in so far as it is based upon the ground that the complaint does not state a cause of action, in that it fails to allege that the grantee, Mrs. Harris, knew or had any reason to suspect the fraud and imposition alleged in the taking of the renunciation. It is true, the complaint alleges the facts, as to coverture, seizin and death of the husband of demandant in dower, which would, if stated alone, allege a cause of action, but the complaint goes further, and alleges a renunciation of…
2Cases cited3 opinions
- White v. GravesMassachusetts Supreme Judicial Court · 1871
- Brown v. PechmanSupreme Court of South Carolina · 1898
- Bratton v. BurrisSupreme Court of South Carolina · 1897