Burch v. Muldrow

• Decision Date: 30 August 1927
• Docket Number: 12264.
• Citation: 139 S.E. 208,141 S.C. 29
• Parties: BURCH v. MULDROW.
• Court: South Carolina Supreme Court

139 S.E. 208

141 S.C. 29

BURCH v. MULDROW.

No. 12264.

Supreme Court of South Carolina

August 30, 1927

Appeal from Common Pleas Circuit Court of Florence County; S.W. G Shipp, Judge.

Proceeding in ejectment by S. T. Burch against J. A. Muldrow. Judgment of magistrate for plaintiff was affirmed by the Circuit Court, and defendant appeals. Affirmed.

The following is the order of the circuit judge:

This case comes before me upon appeal by the defendant, J. A Muldrow, from a judgment rendered in the court of magistrate W. M. Smith, and a writ of ejectment issued by the magistrate, directing the ejectment of the said J. A. Muldrow from the premises described in the order to show cause and in the writ. The appeal is on two general grounds. One of these grounds involves the question of the jurisdiction of the magistrate to try the case upon the coming in of the answer or return of the defendant, in which he attempted to take the position that the title to real property would come in question, and the other relates to the sufficiency of the evidence to support the magistrate's findings of fact.

It appears that a considerable tract of land, including that in dispute in this proceeding, was offered for sale by the master for Florence county under a decree of foreclosure, and that at the sale the defendant, J. A. Muldrow, became the highest and last bidder therefor. Finding that he could not comply, he assigned his bid to S. T. Burch, who complied therewith and took title in fee simple to himself. Muldrow paid Burch interest in advance for one year. An agreement with Muldrow, in writing, was made, under the terms of which Muldrow was to be entitled to a reconveyance of the property upon making certain specified payments at times stated in the agreement. About the time that the first installment of principal and an installment of interest fell due, Muldrow being unable to meet these payments, abandoned his rights thereunder, and, according to the testimony, rented the dwelling house and premises immediately surrounding it from Burch. Burch took possession of the land, with the exception of the dwelling house and premises immediately surrounding it, and has continued in possession to the present time. Muldrow retained possession of the dwelling house and premises immediately surrounding it, under his agreement to pay Burch as rent therefor the sum of $25 per month.

This being the situation, as disclosed by...