Fulmore v. Fulmore

Supreme Court of South Carolina

Fulmore v. Fulmore

105 S.E. 285, 115 S.C. 213, 1920 S.C. LEXIS 204

CourtSupreme Court of South Carolina

DecidedDecember 20, 1920

Docket10546

StatusPublished

Cited by1 cases

This text of 105 S.E. 285 (Fulmore v. Fulmore) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fulmore v. Fulmore, 105 S.E. 285, 115 S.C. 213, 1920 S.C. LEXIS 204 (S.C. 1920).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for partition. The defendant demurred to the complaint on the ground that the complaint showed that the defendant had been in exclusive possession of the land long enough to presume a deed from its cotenants The demurrer was overruled, and this appeal is from the order overruling the demurrer.

Demurrer is not available to the defendant. Section 119, Code of Procedure, declares:

“But the objection that the action was not commenced within the time limited can only be taken by answer.”

The appeal is dismissed.

Messrs. Justices Hydrick and Watts concur. Mr. Chiee Justice Gary and Mr. Justice Gage absent on account of sickness.

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