Supreme Court of South Carolina, 1889

Holliday v. Holliday

Holliday v. Holliday
Supreme Court of South Carolina · Decided March 6, 1889 · McGowan
30 S.C. 613; 9 S.E. 104; 1889 S.C. LEXIS 141

Holliday v. Holliday

Opinion of the Court

Opinion by

Mr. Justice McGowan,

Some hogs of defendant trespassed upon land owned by plaintiff, but occupied and cultivated by P. as tenant of plaintiff. P., as agent of plaintiff, and under his direction, seized these hogs. The action was to recover compensation for their seizure, under the statute. Gen. Stat., § 1186. Held, that only P. could maintain the action, he being owner within the meaning of the statute, which gives an action to “any freeholder or tenant of land, his agent or representative,” for compensation for hogs trespassing “oil his premises.” Judgment (Aldrich, J.) reversed.

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