Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors, of South-Carolina, Vol. 9

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Excerpt from Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors, of South-Carolina, Vol. 9: From November, 1855, to May, 1856, Both InclusiveThe following summary of the facts of the case, will be found in the Opinion of the Court, at page 81 The defendant lives on the extreme corner of a six thousand acre survey. The defendant lives upon a small grant lying in a distant por tion of the survey, and which was according to law platted out in the survey accompanying the plaintiff's grant. Near this place were the trespasses complained of. NO one could tell whether the defendant, had or had not actually committed them under a belief of title. The legal presumption was, that they had been committed under a title supposed by the defend ant to be valid, and such turned out to be the fact. For when he was driven into his defence, he undertook to show, that he was tenant in common with the plaintiff. O'neal, J in delivering the Opinion of the Court, after stating the second ground in support of the motion, which was, whether trespass to try title by one in possession, against one who enters upon him, and commits a trespass, would lie, proceeded to say In such case, I have always supposed, that the plaintiff had his choice, to bring trespass quare clausum fregit, or trespass to try title.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.