Duncan v. McDougal
Supreme Court of South Carolina
Before Hon. C. J. Ram age, special Judge, Monck’s Corner, Action by John Duncan against John M. McDougal. From judgment for defendant, plaintiff appeals. The facts are stated in the opinion. Conversation of Court with counsel on one side only improper: 96 S. C. 285. - Facts showed presumption of grant to plaintiff’s testator: 3 Strob. D. 501; 40 S. C. 168; 2 Mills Const. 425; 2 Strob. L. 141; 11 Rich. 429; 14 S. C. 552; 2 Rich. 19; 2 Strob.
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Before Hon. C. J. Ram age, special Judge, Monck’s Corner, Action by John Duncan against John M. McDougal. From judgment for defendant, plaintiff appeals. The facts are stated in the opinion. Conversation of Court with counsel on one side only improper: 96 S. C. 285. - Facts showed presumption of grant to plaintiff’s testator: 3 Strob. D. 501; 40 S. C. 168; 2 Mills Const. 425; 2 Strob. L. 141; 11 Rich. 429; 14 S. C. 552; 2 Rich. 19; 2 Strob. L. 6; 62 S. C. 194; 71 S. C. 426, 427; 72 S. C. 312, 320; 78 S. C. 155. No proof of adverse possession: Code Civ. Proc. 1912, 126, 130. Devise undisputed…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action to recover damages for trespasses upon land, of which the plaintiff alleges he was seized and possessed, containing two hundred and eighty-eight acres, which was purchased in 1867 by David McDougal, who died in 1900, leaving a last will and testament which was duly probated, whereby he devised the said tract of land to John Duncan, the original plaintiff in this action.
The complaint contains the following allegations:
“That previous to the death of the said David McDougal, and at the time of his death, the said…
2Cases cited1 opinion
- Pee Dee Naval Stores Co. v. HamerSupreme Court of South Carolina · 1912
3Cited by1 opinion
- State v. HeathSupreme Court of South Carolina · 1958