Jones v. Jones

Court of Appeals of South Carolina

Jones v. Jones

31 S.C.L. 542

DecidedMay 15, 1846

StatusPublished

This text of 31 S.C.L. 542 (Jones v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Jones, 31 S.C.L. 542 (S.C. Ct. App. 1846).

Pincite

Opinion

Curia, per Wardlaw, J.

It appears that the defend ants entered and held under an agreement to buy from the ancestor of the plaintiffs, upon which they have made partial payments. No demand of possession by the plaintiffs has been shewn. The defendants were at least tenants at will. A tenant at will is not a wrongdoer, and neither trespass nor ejectment will lie against him, unless his tenancy be determined before the commencement of the suit. (4 T. R. 680 ; 1 B. & C. 126.)

New trials are ordered.

Richardson, O’Neall, Evans and Frost, JJ. concurred.

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Curia, per Wardlaw, J.

It appears that the defend ants entered and held under an agreement to buy from the ancestor of the plaintiffs, upon which they have made partial payments. No demand of possession by the plaintiffs has been shewn. The defendants were at least tenants at will. A tenant at will is not a wrongdoer, and neither trespass nor ejectment will lie against him, unless his tenancy be determined before the commencement of the suit. (4 T. R. 680 ; 1 B. & C. 126.)

New trials are ordered.

Richardson, O’Neall, Evans and Frost, JJ. concurred.

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Bluebook (online)

31 S.C.L. 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-jones-scctapp-1846.