47 S.C. 525 | S.C. | 1896
The opinion of the Court was delivered by
These two cases, growing out of practically the same state of facts, and depending upon the same principles of law, were heard and will be considered together, and, for convenience, will be spoken of as one case. The facts are undisputed, and may be stated as follows: On the 22d day of December, 1887, R. S. Desportes commenced an action against the above named Cyrus
This motion was heard by his Honor, Judge Fraser, upon the affidavits set out in the “Case,” who granted an order, on 3d December, 1891, “that the judgment and execution above referred to be set aside, for want of jurisdiction, and that the plaintiff have leave to proceed, as he may be advised.” From this order there was no appeal.
These two actions, mentioned in the title of this opinion, were commenced on the 22d of May, 1893, to recover the possession of the land bid off by the defendant, Ruff, at the sheriff’s sale hereinbefore referred to, for which he received sheriff’s titles, under which he went into possession. The plaintiffs in the second action above stated seem to have
A trial by jury having been waived, the cases were heard by his Honor, Judge Aldrich, wko rendered the decree set out in the “Case,” which should be iucorporated in the report of this case, wherein he adjudges that the plaintiffs in each of said actions are entitled to recover the land in controversy, together with the damages, to be ascertained by a referee appointed for that purpose.
From these judgments the defendant, A. F. Ruff, appeals upon the several grounds set out in the record, which should likewise be incorporated in the report of this case.
Under this view, the other questions raised in the árgument become wholly immaterial, and need not, therefore, be considered.
The judgment of this Court is, that the judgment of the Circuit Court in each of the cases mentioned in the title of this opinion be reversed, and that the complaints in each of said cases be dismissed.
Upon filing of petition for rehearing, remittitur stayed. Petition refused, on ground that no material fact had been overlooked, on the 30th November, 1896, and stay of remittitur revoked.