Supreme Court of South Carolina, 1934

Calhoun v. Currie

Supreme Court of South Carolina · Decided October 2, 1934 · Bonham, Chiee, Blease, Messrs, Stabler, Carter, Cothran

176 S.E. 324; 173 S.C. 429; 1934 S.C. LEXIS 167 (South Eastern Reporter)

Counsel

Messrs. N.W. Edens and Tison Miller , for appellants, cite: As to construction of both wills and deeds: 8 R.C. L., 928, 931. Covenant: 8 R.C.L., 1100; 1 L.R.A., 380; 2 L.R.A. (N.S.), 741; 108 S.C. 271 ; 94 S.E., 19 . Messrs. Rogers Ellerbe , for respondent, cite: Writ of ejectment: 127 S.C. 445.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Bonham.

The respondent obtained from Magistrate Ereeman a rule requiring the appellants to show cause why they should not be ejected from certain premises. For return to the rule to show cause issued by the magistrate, the appellants set up claim of title to the real estate in dispute. The magistrate held that he was without authority to determine the question *433 of title, and that he, therefore, had no jurisdiction of the proceeding, and dismissed it. On appeal to the Circuit Court, Judge H. F. Rice reversed the action of the magistrate in an order which is satisfactory to this Court. Let it be reported.

The appeal is dismissed.

Mr. Chiee Justice BlEase, Messrs. Justices Stabler and Carter and Mr. Acting Associate Justice W. C. Cothran concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.