Dupre v. Tilghman Lumber Co.
Supreme Court of South Carolina
Before McIver, J., Marlboro, Summer term, 1919. Action by Samuel DuPre et al. against Tilghman Lumber Company for damages to real property. Prom order of nonsuit, plaintiffs appeal. cite: Action for forcible entry and detainer was brought under sections 4064-4072, 1 Civil Code. Man cannot advance his legal claim by entry, but ought to bring his action.
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Before McIver, J., Marlboro, Summer term, 1919. Action by Samuel DuPre et al. against Tilghman Lumber Company for damages to real property. Prom order of nonsuit, plaintiffs appeal. cite: Action for forcible entry and detainer was brought under sections 4064-4072, 1 Civil Code. Man cannot advance his legal claim by entry, but ought to bring his action. The purpose of the statutes in regard to forcible entry and detainer being to require people to settle their disputes about land, not by their own force, but by the peaceable process of law: 1 Brev. 120; 101 S. C. 129, 133. But force may be…
1Opinion of the Court
The opinion of the Court was delivered by
Ms. Justice Watts.
This is an action brought by the plaintiff against the defendant for cutting and removing the timber. The complaint contains two causes of action, one for forcible entry and detainer, and the other for wilful and malicious trespass. When the case was called for trial before Judge Mclver, and a jury, plaintiffs’ counsel announced that they would go to trial upon the cause of action for forcible entry and detainer. At the conclusion of the evidence for the plaintiffs, defendant moved for a nonsuit on the ground, practically, that there…
2Cases cited3 opinions
- DeLaine v. AldermanSupreme Court of South Carolina · 1889
- State v. BatesSupreme Court of South Carolina · 1911
- Sease v. Barnwell Lumber Co.Supreme Court of South Carolina · 1919
3Cited by4 opinions
- Frederick v. ChapmanSupreme Court of South Carolina · 1928
- Parker v. ShecutSupreme Court of South Carolina · 2004
- Brown v. Southern Railway Co.Supreme Court of South Carolina · 1926
- White v. HarbySupreme Court of South Carolina · 1935