Legal Opinion

Westlake v. Farrow

Supreme Court of South Carolina

Decided August 11, 1891PublishedCited by 8 opinions

Before Norton, J., Spartanburg, Action by O. D. Westlake and others against Abner T. Farrow. The Circuit Judge having overruled a demurrer to the-complaint, the defendant appealed, alleging error in the following particulars: 1. In not ruling and holding that there was an improper joinder of causes of action. 2. In not ruling and holding that the court had no jurisdiction to try the cause. 3. In ordering the case to be transferred to calendar one. 4. In not sustaining the…

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Before Norton, J., Spartanburg, Action by O. D. Westlake and others against Abner T. Farrow. The Circuit Judge having overruled a demurrer to the-complaint, the defendant appealed, alleging error in the following particulars: 1. In not ruling and holding that there was an improper joinder of causes of action. 2. In not ruling and holding that the court had no jurisdiction to try the cause. 3. In ordering the case to be transferred to calendar one. 4. In not sustaining the demurrer of defendant.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The question presented by this appeal having arisen under a demurrer, it will be necessary to set forth, substantially, the allegations of the complaint, as follows: First. That one Thomas Rhodes died intestate, seized and possessed of the tract of land which is the subject of the action. Second. That the said land descended to the four plaintiffs, naming them, as the heirs at law of said intestate. Third. That said plaintiffs are each entitled to one undivided fourth part of said premises. Fourth. That defendant “is in possession of…

2Cited by8 opinions

  1. Welborn v. DixonSupreme Court of South Carolina · 1904
  2. Boling v. Clinton Cotton MillsSupreme Court of South Carolina · 1931
  3. Daniel, Atty. Gen. v. Conestee MillsSupreme Court of South Carolina · 1937
  4. Fairy v. KennedySupreme Court of South Carolina · 1904
  5. Matheson v. American Telephone, &C., Co.Supreme Court of South Carolina · 1923

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