John McColman vs John M. Wilkes
Before WARDLAW, J. at Chesterfield, Fall Term 1847.
Columbia,
May 1949
McColman
v.
Wilkes
Let me start of by saying that I am not a lawyer and this case in it’s entirely is not only lengthy but very complex. Therefore, I will quote sparingly from the Google Book and comment primarily about the genealogical nugget found within this case.
The lawsuit was an action of trepass quare clausum fregit, for injury done to land of which the plaintiff claimed to have been in possession. 1 Page 466
quare clausum fregit = Latin: "Wherefore he broke the close". That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another's land is termed "trespass quare clausum fregit" "breaking a close" being the technical expression for an unlawful entry upon land. 2
John McColman v John M Wilkes 3
The plaintiff had a large grant which covered land previously granted to one Wade and much more within the Wade grant the plaintiff by his agents had actual occupancy of part with a claim to the whole within his own grant but not long enough to give title by possession he knew of the Wade grant and had possession of the paper but no right to it one Turnage after the plaintiff's occupancy commenced acquired an adverse pedis possessio of three years duration within the Wade grant quit and was succeeded by the defendant the plaintiff brought trespass quare clausum fregit against the defendant and his right to maintain the action without other evidence of title or possession was sustained. 4 page 465
Parties named within the Lawsuit:
John McColman
John M. Wilkes
Thomas Wade – original holder of the 1816 Land Grant
William Lyons
Obadiah Gulledge (whose son-in-law and tenant the defendant)
Capt. Ellerbe
Holden Lyons
Guthridge Lyons
A Lowry, Surveyor
Alex Turnage
W. L. Robeson, the other Surveyor
From my reading of this lawsuit, John M. Wilkes is the defendant and tenant so therefore he is also the son-in-law of Obadiah Gulledge. 5
On-line trees show Mary Ann Gulledge, b. 9 Mar 1824 as the daughter of William and Mary Gulledge and the wife of John M.Wilkes. This information is in conflict with what this lawsuit has to say about Obadiah’s Gulledge relationship to John M. Wilkes.
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[1] James A. Stronhart State Reporter, Report of Cases Argued and Determined in THE COURT OF APPEALS and COURT OF ERRORS of South Carolina: on Appeal FROM THE COURTS OF LAW. Volume III (Columbia, SC: A.S. Johnston, 1849), Pages 465-493.
[2] http://thelawdictionary.org/quare-clausum-fregit/
[3] James A. Stronhart State Reporter, Report of Cases Argued and Determined in THE COURT OF APPEALS and COURT OF ERRORS of South Carolina: on Appeal FROM THE COURTS OF LAW. Volume III (Columbia, SC: A.S. Johnston, 1849), Pages 465-493.
[4] Ibid. page 465
[5] Ibid. page 467
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