Gilmore v. Roberts

Citations

• 18 S.C. 551
• 1883 S.C. LEXIS 31

Syllabus

<p>1. Under the former system of pleadings, a party not in the actual occupation of land trespassed upon, but having title and in possession of a part of the same tract, or having made entry thereon, might maintain action of trespass quare clausum fregit against a trespasser in possession of the portion upon which the trespass was committed; and since the adoption of the code of procedure, a party having title to property may recover damages for a trespass upon it without regard to the possession.</p> <p>2. An order refusing a motion for non-suit not disturbed, there having been some evidence against defendant, and the jury having- found for plaintiff.</p>