Dupuy v. Williams
Supreme Court of South Carolina
Before DeVorE, J., Barnwell, July term, 1911. Action by C. E. R. Dupuy against H. A. Williams, on the following complaint: “The complaint of the above named plaintiff respectfully shows to the Court: 1. “That the above named plaintiff, C. E. R. Dupuy, is the owner in fee and entitled to possession of the following described tract of land, to wit: 'All that tract or parcel of land lying and being situate in the county of Barnwell, State of South Carolina, containing one…
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Before DeVorE, J., Barnwell, July term, 1911. Action by C. E. R. Dupuy against H. A. Williams, on the following complaint: “The complaint of the above named plaintiff respectfully shows to the Court: 1. “That the above named plaintiff, C. E. R. Dupuy, is the owner in fee and entitled to possession of the following described tract of land, to wit: 'All that tract or parcel of land lying and being situate in the county of Barnwell, State of South Carolina, containing one hundred and seventy-eight (178) acres, more or less, bounded north by lands of S. L. Peacock, east by lands of E. J.,…
1Dissent
Mr. Ci-iiee Justice Gary,
1 dissenting. I concur in so much of the opinion o-f Mr. Justice Watts as overrules the exceptions assigning error on the part of his Honor, the presiding Judge, in refusing the motion for a non-suit, not only for the reasons stated by him, but on the additional ground, that it appears from the ■defendant’s testimony, that he holds under the plaintiff, and it was for the jury to determine who had the better title.
In determining whether there was error, in refusing the motion! for a nonsuit, this Court will consider, not only the plaintiff’s, but the defendant’s…
2Cases cited6 opinions
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- McCallum v. GrierSupreme Court of South Carolina · 1910
- Fales & Jenks McH. Co. v. BrowningSupreme Court of South Carolina · 1903
- Scates v. HendersonSupreme Court of South Carolina · 1895
- Woodward v. CaveSupreme Court of South Carolina · 1908
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