State ex rel. Goodgion v. Latimer

Citations

• 26 S.C. 208
• 2 S.E. 1
• 1887 S.C. LEXIS 32

Syllabus

<p>1. Cases stated in which trial justices have jurisdiction in matters of ejectment.</p> <p>2. A summons in ejectment must show upon its face the allegations necessary to give a trial justice jurisdiction. Where the only charge-is that the respondent was in the unlaioful possession of the premises, no j urisdictional fact appears, and the proceeding is void.</p> <p>3. Where a party in possession of land under a mortgagor agreed with the purchaser at the foreclosure sale to lease the land from him, hut afterwards declined to do so and refused to surrender possession, such party is not a tenant at will, nor is there any expiration of lease, nor failure to pay rent when due, and therefore a trial justice has no jurisdiction to summarily eject him.</p>