Drennan v. Brown

Decided July 14, 1919

Supreme Court of South Carolina · decided 1919-07-14

Before Townsend, J., Richland, Summer term,' 1918. Action by Sarah F. Drennan and others against Charles O. Brown and others. Judgment for defendants, and plaintiffs appeal. cite: As to charge of laches and neglect on part of appellants: 62 S. C. 73 (quoting from Babb v. Sullivan, 43 S. C. As to actual or constructive occupancy by plaintiffs: 86 S. C. 358; 30 E. R. A. (N. S.) in note, p. 250.

Cited by 2 later decisions — most recently September 1952

2 state decisions

Key passage — most relied on by later courts

““The Circuit Court has heard the cause by consent and found all the facts, and the law, of course, for the defendant. This is an end of the case.””

quoted by 1 later decision, including Drennen v. Brown

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-07-14

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¶1 The opinion of the Court was delivered by

Mr. Justice Gage.

¶2 The action is at law to recover the possession of 728 acres of land just out of Columbia, in Center township, and alleged by the complaint to be in the possession of the defendant. The defendant denied plaintiff’s title, and set up title in himself by adverse possession.

¶3 Thére is no element in the pleadings which smacks of the jurisdiction of a Court of equity. It is true the complaint charges fraud by name; but it states no facts from which fraud is inferable. The Circuit Court has heard the cause by consent, and found all the facts, and the law, of course, for the defendant. .That is an end of the case.

¶4 The appeal is dismissed.

Mr. Chiee Justice Gary and Messrs. Justices Watts and Fraser concur. Mr. Justice Hydrick did not sit.