James v. Graham
Supreme Court of South Carolina
Before DeVorE, J., Williamsburg, - term, -. Two actions by G. W. James and A. Sexton James, both against George J. Graham and another. From judgment for plaintiffs in each action, defendants appeal.
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Before DeVorE, J., Williamsburg, - term, -. Two actions by G. W. James and A. Sexton James, both against George J. Graham and another. From judgment for plaintiffs in each action, defendants appeal. Mr. McNeill submits: Under the zvrit of assistance the sheriff zvas directed to place the defendant, J. C. Lynch, in possession, and under this order of the Court he was empowered to dispossess and eject, if necessary, any other person who might be found in possession of the property or any part thereof: 2 Bail. 8; 5 S. C. 146. Punitive damages could not arise, as there was an utter absence of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
These two cases involve the same issues, and were heard together.
Plaintiffs-respondents sought damages against the defendants-appellants for wrongful ejectment of respondents from the estate lands of S. C. James in which they had an interest, as tenants in common, under a writ of assistance issued in the case of J. C. Lynch v. Thomas James, a cotenant, directing Geo. J. Graham, as sheriff of Williamsburg county, to enter upon said premises and eject Thomas James and all persons claiming under him in possession thereof.
It appears that…
2Cases cited3 opinions
- Moss v. YoungbloodSupreme Court of Georgia · 1938
- Brush v. FowlerIllinois Supreme Court · 1864
- Boynton v. JackwayNew York Court of Chancery · 1843
3Cited by2 opinions
- Gore v. TaylorCourt of Civil Appeals of Oklahoma · 1990
- Spencer v. ArnoldSupreme Court of Oklahoma · 1931