Carlisle v. Prior

Citations

• 48 S.C. 183
• 26 S.E. 244
• 1897 S.C. LEXIS 85

Syllabus

<p>1. Act Construed — Landlord and Tenant.' — The act of 1894 (22 Stat., 823,) is two-fold — (1) to allow either party right of appeal in proceeding to eject tenant; (2) to permit tenant to stay further proceedings by entering into bond.</p> <p>2. Magistrate — Trial Justice — Landlord and Tenant — Case Followed. — A magistrate in March, 1896, has the same authority in proceedings to oust a tenant as a trial justice had before Constitution of 1895. Following Delk v. Zorn, ante, 152.</p> <p>3. Landlord and Tenant — E£>uitable Owner. — Testimony in this case tends to show that plaintiff has waived his right of holding defendant as a tenant, and if so, the defendant is in possession under contract to purchase, and is equitable owner.</p> <p>4. Notice to Quit. — A notice to a tenant to quit must state clearly, 1st, the right plaintiff has in the land; 2d, on what ground the proceeding is commenced.</p>