Baitary v. Ilderton

Eishburne, Justice.

The respondent, Shain E. Baitary, brought this action against the appellant, Mamie Lee Ilderton, for damages alleged to have been sustained by him from a willful, malicious, and unlawful trespass upon his land.

The parties to this cause own adjoining lots in the county of Charleston, on which they reside. Respondent also conducts a restaurant in the building located on his lot of land, which building is alleged to be one and a half to two feet from the boundary line marking the division between the two lots. The appellant, it is charged, on or about January 15; 1947, with…