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Windham v. Lafferty

Windham v. Lafferty.

Windham v. Lafferty, 65 S.E. 526 (S.C. 1909)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
September 21, 1909
Docket
No. 7290
Judges
Hydricic
Citations
65 S.E. 52683 S.C. 4461909 S.C. LEXIS 175
Disposition
Reversed.
Syllabus
Nonsuit. — In an action for partition where an issue of title has been raised by answer, on the trial of this issue by a jury, it is improper to grant nonsuit.
Summary
Before Aldrich, J., Darlington, Spring term, 1908. Action by Mary N. Windham et al. against Cordelia Lafferty et al. From order of nonsuit, plaintiff appeals. Mr. Woods cites: On question decided: 54 S. C., 115; 57 S. C., 293; 63 S. C„ 270; 72 S. C., 439. No citation on point decided.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hydricic

The opinion of the Court was delivered by Mr. Justice Hydricic.

This is an action for partition. Certain of the defendants set up an independent claim of title in themselves to the land sought to be partitioned. At the conclusion of the testimony offered by the plaintiffs, these defendants moved the Court for a nonsuit, which was granted, and judgment was entered accordingly.

This Court has frequently decided that it is error to grant a nonsuit in such a case.

Woolfolk v. Graniteville, 22 S. C., 332;

McClenaghan v. McEachern, 47 S. C., 446, 25 S. E., 296 ;

Barnes v. Rodgers, 54 S. C., 115, 31 S. E., 885 ;

Gilreath v. Furman, 57 S. C., 289, 35 S. E., 516 ;

Railway v. Beaudrot, 63 S. C., 366, 41 S. E., 299 .

If the party claiming partition offers no testimony tending to establish his claim, a motion to direct the verdict is the proper remedy.

Barnes v. Rodgers , and Gilreath v. Furman, supra.

The judgment of nonsuit is reversed and a new trial granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 4

DepthCaseCited by
Barnes v. Rodgers, 31 S.E. 885 (S.C. 1899) 11
Gilreath v. Furman, 35 S.E. 516 (S.C. 1900) 8
Southern Ry. v. Beaudrot, 41 S.E. 299 (S.C. 1902) 24
McClenaghan v. McEachern, 25 S.E. 296 (S.C. 1896) 9

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