Fulmore v. Fulmore

Supreme Court of South Carolina December 20, 1920

Fulmore v. Fulmore, 105 S.E. 285 (S.C. 1920)

115 S.C. 213; 1920 S.C. LEXIS 204

Fraser, Messrs, Hydrick, Watts, Chiee, Gary, Gage

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for partition. The defendant demurred to the complaint on the ground that the complaint showed that the defendant had been in exclusive possession of the land long enough to presume a deed from its cotenants The demurrer was overruled, and this appeal is from the order overruling the demurrer.

Demurrer is not available to the defendant. Section 119, Code of Procedure, declares:

“But the objection that the action was not commenced within the time limited can only be taken by answer.”

The appeal is dismissed.

Messrs. Justices Hydrick and Watts concur. Mr. Chiee Justice Gary and Mr. Justice Gage absent on account of sickness.

Reference

Full Case Name: Fulmore Et Al. v. Fulmore Et Al.
Cited By: 1 case
Status: Published
Syllabus: Adverse Possession- — Claim Cannot Be Raised by Demurrer. — Under Code Civ. Proc. 1912, sec. 119, declaring that the objection that the action was not commenced within the time limited can only be taken by answer, a demurrer to the complaint for partition, on the ground that the complaint showed that defendant had been in exclusive possession of the land long enough to presume a deed from his cotenants, was properly overruled.