Perry v. Walker

Court of Appeals of South Carolina

Perry v. Walker

2 S.C.L. 461

DecidedJuly 1, 1802

StatusPublished

This text of 2 S.C.L. 461 (Perry v. Walker) 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

Perry v. Walker, 2 S.C.L. 461 (S.C. Ct. App. 1802).

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Opinion

The presiding judge (Bay)

was of opinion, that as there had been no partition or division of the property, and as plaintiff had claimed the whole, and not his third or u.ndi-[462]*462vided interest only, that he could not maintain this suit, and therefore ordered a nonsuit.

This was, therefore, a motion to set aside this nonsuit, •which was ordered accordingly, upon the principles and authorities of the next preceding case of M'Fadden and wife v. Haley.

All the Judges present.

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The presiding judge (Bay)

was of opinion, that as there had been no partition or division of the property, and as plaintiff had claimed the whole, and not his third or u.ndi-[462]*462vided interest only, that he could not maintain this suit, and therefore ordered a nonsuit.

This was, therefore, a motion to set aside this nonsuit, •which was ordered accordingly, upon the principles and authorities of the next preceding case of M'Fadden and wife v. Haley.

All the Judges present.

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Bluebook (online)

2 S.C.L. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-walker-scctapp-1802.