In case it should afterwards appear that the person sought was living at the time proceedings under Sections 15-67-710 through 15-67-730 were had, such person or any person claiming title under or through such person concealed or absent may re-enter upon his estate and may have an action of damages for the rents and profits during eviction.
HISTORY: 1962 Code Section 10-2454; 1952 Code Section 10-2454; 1942 Code Section 873; 1932 Code Section 873; Civ. P. '22 Section 821; Civ. C. '12 Section 4059; Civ. C. '02 Section 2958; G. S. 2278; R. S. 2418; 1712 (2) 561; 1956 (49) 1601.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 67 - Recovery Of Real Property
Section 15-67-10. Persons who may bring action to determine adverse claim.
Section 15-67-20. Plaintiff limited to one action for recovery of real property.
Section 15-67-40. Service on unknown parties; notice of lis pendens.
Section 15-67-50. Appearance of unknown parties; subsequent defense by minors.
Section 15-67-60. Reference to master; determining claims of nonresidents or minors.
Section 15-67-70. Effect of judgment; persons bound.
Section 15-67-90. Time limitation upon reopening matter.
Section 15-67-100. Right to jury trial unchanged.
Section 15-67-210. Presumption of possession; when occupation deemed under legal title.
Section 15-67-220. Effect of occupation under written instrument or court decree or judgment.
Section 15-67-260. Relation of landlord and tenant as affecting adverse possession.
Section 15-67-410. Action may be had against person wrongfully disseizing.
Section 15-67-420. Plaintiff's right to treble damages.
Section 15-67-430. Court of common pleas shall have jurisdiction.
Section 15-67-440. Restitution of possession to tenants for years.
Section 15-67-450. Persons who have held by force three years are unaffected by this article.
Section 15-67-460. Putting party ousted in possession.
Section 15-67-610. Duty of magistrate in case of trespass.
Section 15-67-620. When warrant shall not be issued.
Section 15-67-630. Fee of magistrate and sheriff or constable.
Section 15-67-640. Right to appeal; injunction; time of issuing warrant.
Section 15-67-720. If such person is not produced, he is taken to be dead.
Section 15-67-730. Proceedings on affidavit that such person is beyond limits of State.
Section 15-67-740. Rights preserved when it afterwards appears that person sought is living.
Section 15-67-750. Guardian, husband or trustee may prove that such person was alive.