Ladson v. Mostowitz

Citations

• 45 S.C. 388
• 23 S.E. 49
• 1895 S.C. LEXIS 38

Syllabus

<p>1. Complaint — Demurrer.—A complaint which states any cause of action is not demurrable.</p> <p>2. Claim and Delivery — Complaint.—An allegation of demand and refusal is not necessary in an action in claim and delivery against a defendant who took the chattel wrongfully, with notice of plaintiff’s title.</p> <p>3. Ibid. — Ibid.—Demurrer.—Allegations of demand and refusal are essential to a complaint in claim and delivery against a buyer in good faith from the person who converted the property, and an allegation that he still unjustly detains the same is insufficient.</p> <p>4. Case Distinguished. — Lowry v. Jackson, 27 S. C., 318, distinguished from this.</p>