Legal Opinion

Carlisle v. Prior

Supreme Court of South Carolina

Decided January 6, 1897PublishedCited by 3 opinions

Before Witherspoon, J., Raurens, Proceeding by John W. Carlisle, as executor of Simpson Bobo, to eject H. G. Prior, as tenant of his testator, on the following notice: Complaint having been made untome by John W. Carlisle, as executor of the will of Simpson Bobo, deceased, that you, H. G. Prior, are now in unlawful possession of all that lot, tract, piece or parcel of land, situated in the said county and State, containing 170 acres, more or less, and bounded by lands of…

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Before Witherspoon, J., Raurens, Proceeding by John W. Carlisle, as executor of Simpson Bobo, to eject H. G. Prior, as tenant of his testator, on the following notice: Complaint having been made untome by John W. Carlisle, as executor of the will of Simpson Bobo, deceased, that you, H. G. Prior, are now in unlawful possession of all that lot, tract, piece or parcel of land, situated in the said county and State, containing 170 acres, more or less, and bounded by lands of which said tract of land belongs to the said estate, and of which you have been a tenant at the will of the plaintiff…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The proceedings herein were commenced before a magistrate, on the 23d of March, 1896, to eject the defendant from the premises described in the notice, which, together with the order of his Honor, Judge Witherspoon, and appellant’s exceptions to said order, will be set out in the report of the case. The defendant, in his return to said notice to show cause, alleged that he was the owner in fee of 120 acres of said land, also raised the jurisdictional questions hereinafter mentioned.

On the 10th of December, 1869, F. M. Cooper purchased…

2Cited by3 opinions

  1. Stewart-Jones Co. v. ShehanSupreme Court of South Carolina · 1924
  2. Lewis v. CooleySupreme Court of South Carolina · 1908
  3. Metropolitan Life Ins. Co. v. StuckeySupreme Court of South Carolina · 1940

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