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115 S.C. 213

105 S.E 285

Fulmore v. Fulmore

Supreme Court of South Carolina

Decided December 20, 1920

Supreme Court of South Carolina · decided 1920-12-20

Before Rich, J., Williamsburg, Spring term, 1920. Action by Eleida V. Fulmore et al. against Troy P. Fulmore et al. From order overruling demurrer to the complaint, the defendants appeal. cite: Adverse possession by one cotenant against another cotenant for more than twenty years will raise presumption of ouster, and deed from other cotenant: 80 S- C. 110; 2 Hill Ch. 513; 91 S. C. 303; 50 S. C. 168; 26 S. C. 185; 48 S. C. 489; 48 S. C. 28; 40 S. C. 179.

Cited by 1 later decisions — most recently February 1984

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1920-12-20

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¶1 The opinion of the Court was delivered by

Mr. Justice Fraser.

¶2 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.

¶3 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.”

¶4 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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