Livingston v. Ruff
Supreme Court of South Carolina
Before Youmans, special Judge, Saluda, May, 1902. Action by Mary P. Livingston against Mary E. Ruff et al. Erom order overruling demurrer to complaint, defendant appeals. cites: Code, 168; 28 S. C., 396; 12 S. E., 815; 11 S. E., 692; 72 N. Y., 170; 18 S. C., 469; 18 Barb., 494; 22 N. Y., Ced. Pro. R., 25.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
1 This action was brought to recover the possession of real estate. The appeal is from an order by special Judge, LeRoy E. Youmans, overruling a demurrer to the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action. The complaint alleged that plaintiff “has lawful title” to the described premises, and “that the defendants are in possession of the said real estate and unlawfully withholds possession of the same from the plaintiff,” followed by a de mand for judgment for surrender of the…
2Cases cited1 opinion
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
3Cited by2 opinions
- Jones v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1912
- Flowers v. Oakdale Realty and Water Corp.Supreme Court of South Carolina · 1970