Barnes v. Charleston & W. C. Ry. Co.

Citations

• 106 S.C. 227
• 90 S.C. 1017

Syllabus

<p>1. Magistrates—Procedure—-Title to Land Involved.—Where a railroad company, sued in a magistrate’s Court for damages to plaintiff’s land by fire, did not follow the procedure prescribed Ky Code Civ. Proc. 1912, secs. 87-91, it is precluded from questioning plaintiff’s title to the land, and the magistrate has jurisdiction notwithstanding Const., art. Y, sec. 21, and Code Civ. Proc. 1912, sec. 87, providing that the magistrate’s jurisdiction shall not extend to cases where the title to real estate is in question.</p> <p>2. Magistrates—Jurisdiction—Title to Land.—Under Code Civ. Proc. 1912, sec. 92, providing that where it appears on the trial from plaintiff’s own showing that the title to real property is in question and such title shall be disputed by defendant, the magistrate shall dismiss the action at plaintiff’s costs, the magistrate is not deprived of jurisdiction of an action .for damages to plaintiff’s land by fire where defendant did not appear at the trial and dispute plaintiff’s title though the allegations of the complaint including plaintiff’s ownership of the land, were generally denied, and plaintiff introduced evidence, which was not disputed, that he did own the land.</p>