Love v. Turner
Supreme Court of South Carolina
Before Gage, J., Cherokee, Action by W. P. Love against M. J. Turner. From judgment for plaintiff, defendant appeals. cite: Complaint states a cause of action for trespass: 66 S. C., 384; 65 S. C., 284; 37 S. C., 575; 70 S. C., 362. Plaintiff must show a perfect title: 26 S. C., 160, 608; 27 S. C., 309; 36 S. C., 384. Party is bound by kind of title alleged: 21 Ency.
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Before Gage, J., Cherokee, Action by W. P. Love against M. J. Turner. From judgment for plaintiff, defendant appeals. cite: Complaint states a cause of action for trespass: 66 S. C., 384; 65 S. C., 284; 37 S. C., 575; 70 S. C., 362. Plaintiff must show a perfect title: 26 S. C., 160, 608; 27 S. C., 309; 36 S. C., 384. Party is bound by kind of title alleged: 21 Ency. P. & P., 936. Adverse possession for ten years gives good title which passes to a vendee: 26 S. C., 608; 45 S. C., 313; 50 S. C., 293. Heir can tack to ancestor to make out statutory period: 26 S. C., 179, 219; 53 S. C., 295.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The contest in this case is over a tract of land of 100' acres, situated in Cherokee County, and known as the Holloway tract. The exact nature of the action is in dispute. Plaintiff claims it is for the recovery of possession of real property; this is denied by defendánt, who contends that the only cause of action stated in the complaint is for trespass upon the land. The Circuit Judge held it was an action for the recovery of real property, and as such the cause was tried. Plaintiff claimed under the following chain of title set out…
2Cases cited2 opinions
- State v. EvansSupreme Court of South Carolina · 1890
- Anderson v. LynchSupreme Court of South Carolina · 1892
3Cited by16 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Weston v. MorganSupreme Court of South Carolina · 1931
- Young v. McNeillSupreme Court of South Carolina · 1907
- Lynch v. LynchSupreme Court of South Carolina · 1960
- Powers v. SmithSupreme Court of South Carolina · 1908
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