Turner v. Poston
Supreme Court of South Carolina
Before Buchanan, J., September term, 1898. Action by L. B. Turner against J. Harbard Poston, J. Heelen Poston and A. E. Poston.
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Before Buchanan, J., September term, 1898. Action by L. B. Turner against J. Harbard Poston, J. Heelen Poston and A. E. Poston. From judgment for defendants, plaintiffs appeals. cites: Title is not involved here, and defense thereof should have been stricken-out: 13 Ency., 2 ed., 753; 1 Wis., 650. Tort cannot be set up as defense to tort: 20 S. C., 258. Foreign deed does not comply with our statutes and inadmissible as evidence: Rev. Stat., 2360. cite: In such action defendant can defeat recovery by plaintiff by shozving title in himself: 59 S. C., 131; 1 N. & McC., 357; 1 Bail., 306; Rice,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action of trespass quare clausum fregit, and the appeal comes from a judgment in favor of the defendants.
1 The first question presented, is whether the Circuit Court erred in overruling the plaintiff’s demurrer to the answer. So much of the answer as relates to this question is as follows: “1st. That the defendant, J. Harbard Poston, was on the dates mentioned in the complaint, and is now, the legal owner of the following tract of land,. of which sixty-eight acres referred to in the complaint form a part and parcel, to wit:…
2Cited by4 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Cathcart v. MatthewsSupreme Court of South Carolina · 1912
- Pueblo v. Antonio CarbonellSupreme Court of Puerto Rico · 1925
- People v. CarbonellSupreme Court of Puerto Rico · 1925