C & S NAT'L BANK v. MODERN HOMES CONST. CO

18528

248 S.C. 130 (1966)

149 S.E.2d 326

The CITIZENS AND SOUTHERN NATIONAL BANK, ATLANTA, GEORGIA, Respondent, v. MODERN HOMES CONSTRUCTION COMPANY, Appellant.

Supreme Court of South Carolina.

July 5, 1966.


Attorney(s) appearing for the Case

Messrs. Edens, Woodward & Butler, of Columbia, for Appellant.

Hubert E. Nolin, Esq., of Greenville, for Respondent.


July 5, 1966.

LEWIS, Justice.

The plaintiff brought this action in equity to require the defendant to permit the plaintiff to remove from defendant's property a house which was allegedly constructed thereon through inadvertence and mistake by plaintiff's predecessor in title. The defendant demurred to the complaint upon the ground that it failed to state a cause of action, contending that there exists no remedy in equity whereby one, under the facts alleged...

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