Perry v. Walker

Supreme Court of South Carolina

Perry v. Walker

3 S.C.L. 103

Supreme Court of South Carolina·Decided November 15, 1802·Published

Opinion

The judges were of opinion, that the nonsuits ought to be set aside, and new trials granted. They did not conceive it necessary to determine whether a tenant in common may sue jointly with parceners, in such cases as these, or not. Since admitting it to be so, the defendant must plead it m abatement, if the tenant in common brings his action separately. See Runningt. 94. Co. Litt. 197. 3 Bac. Abr. 218. 1 Salk. 392.

Bay, J.,

gave no opinion.

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The judges were of opinion, that the nonsuits ought to be set aside, and new trials granted. They did not conceive it necessary to determine whether a tenant in common may sue jointly with parceners, in such cases as these, or not. Since admitting it to be so, the defendant must plead it m abatement, if the tenant in common brings his action separately. See Runningt. 94. Co. Litt. 197. 3 Bac. Abr. 218. 1 Salk. 392.

Bay, J.,

gave no opinion.

Perry v. Walker, 3 S.C.L. 103 (S.C. 1802).

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