Stewart v. Gregg
Supreme Court of South Carolina
Before Hudson, J., Florence, May, 1893. This was an action of claim and delivery by A. S. Stewart against A. M. Gregg and Benjamin Grabam, commenced November 10, 1892. Plaintiff requested the following instructions to the jury: 1. That in order for the jury to find for the defendant, they must be satisfied by the preponderance of the evidence, that a tenancy existed between defendant and plaintiff, and that in the alleged lease a sum certain was reserved for rent. 2. That if…
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Before Hudson, J., Florence, May, 1893. This was an action of claim and delivery by A. S. Stewart against A. M. Gregg and Benjamin Grabam, commenced November 10, 1892. Plaintiff requested the following instructions to the jury: 1. That in order for the jury to find for the defendant, they must be satisfied by the preponderance of the evidence, that a tenancy existed between defendant and plaintiff, and that in the alleged lease a sum certain was reserved for rent. 2. That if the jury believe that the relation of landlord and tenant existed between the plaintiff and M. A. Bowen, and that the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was an action to recover possession of sundry articles of personal property alleged to have been unlawfully taken from the possession of the plaintiff by the defendants. The defendants justified the taking under a distress warrant for rent. The following facts seem to be undisputed: On the 12th day of November, 1889, the plaintiff leased from one M. A. Bowen a certain tract of land, the latter agreeing in the lease t.o furnish two mules for cultivating said place, for the term of three years, commencing on the 1st day of…
2Cited by2 opinions
- Fidelity Trust & Mortgage Co. v. DavisSupreme Court of South Carolina · 1930
- Staton v. GuillebeauxSupreme Court of South Carolina · 1923