Wagner v. Pegues
Supreme Court of South Carolina
Before TOWNSEND, J., at Darlington, Jote, 1876. This was an action by Theodore D. Wagner and Rowena Warley against Samuel W. Pegues for an injunction to restrain the sale of a tract of land. His Honor refused the relief demanded and made a decree dismissing the complaint. The defendants appealed. The case will be sufficiently understood from the opinion of this Court.
1Opinion of the Court
The opinion of the Court was delivered by
Kershaw, Circuit Judge,
(acting as Associate Justice). On the 31st of December, 1862, John P. Zimmerman conveyed in fee, for a valuable consideration, to the plaintiff, Theodore D. Wagner, a certain tract of land described in the pleadings. Wagner entered upon the land and remained in quiet possession until the 17th May, 1866, when he conveyed to Mr. Warley, the plaintiff’s (Rowena’s) intestate, with covenant of warranty against all persons whomsoever. Both deeds were duly recorded. Warley entered and held possession of the premises from the time of the…
2Cases cited1 opinion
- Hurd v. EatonIllinois Supreme Court · 1862