Jenkins v. Thomason

Citations

• 32 S.C. 254
• 10 S.E. 961
• 1890 S.C. LEXIS 40

Syllabus

<p>1. If a complaint purports to contain two causes of action, one of which is well stated, but the other does not state facts sufficient to constitute a cause of action, a demurrer for misjoinder of causes of action will not lie; and, therefore, it follows that such a demurrer will not lie where neither cause of action is well stated.</p> <p>2. Where a complaint states that lands held in common had been sold without the knowledge of this plaintiff, under decree in a former cause in which she was ignorantly named as a party plaintiff, and had been purchased by these defendants at an under-value, by means of a chilling of bids by them, and then resold by them at a greatly advanced price — if the facts stated were not sufficient to entitle plaintiff to a judgment for partition, or for rescission of the sale, as demanded in her complaint, they did sufficiently state a cause of action for the recovery of the profit realized on the resale.</p>