Brock v. Kirkpatrick
Supreme Court of South Carolina
Before Townsend, J., Abbeville, October term, 1901. Action by L. A. and T. H. Brock against Hannah Kirkpatrick and Annie Taylor. From findings of jury on issue of title submitted, defendants appeal. cite: Devisees may set up adverse possession: 62 S. C., 306; 60 S. C., 322; 24 S. C., 90. And the ten years begins to run when they went into exclusive possession: 24 S. C., 90; 62 S. C., 311; 2 Hill Ch., 257; 10 Rich.
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Before Townsend, J., Abbeville, October term, 1901. Action by L. A. and T. H. Brock against Hannah Kirkpatrick and Annie Taylor. From findings of jury on issue of title submitted, defendants appeal. cite: Devisees may set up adverse possession: 62 S. C., 306; 60 S. C., 322; 24 S. C., 90. And the ten years begins to run when they went into exclusive possession: 24 S. C., 90; 62 S. C., 311; 2 Hill Ch., 257; 10 Rich. Eq., 438; 35 L. R. A., 835; 4 1. R. A., 647; 113 U. S., 149; 10 L. R. A., 387; McM. Eq., 134; 21 S. C., 126. Land could not be sold under execution issued on judgment against…
1Opinion
Being unable to concur in the opinion prepared by Mr. Justice Jones and concurred in by separate opinions of the other two Justices who sat at the hearing of this appeal, I shall set out at length my reasons for such dissent.
The opinion of Mr. Justice Jones dismisses the appeal upon two grounds: 1st. That the appeal is premature. 2d. That the answer does not raise any legal issue of title by adverse possession, which is triable by jury as a matter of right.
Upon the first ground it is not my purpose to dwell, for the reason that I do not consider that a proper ground for the consideration of…
2Cases cited11 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Jones v. JonesSupreme Court of Alabama · 1850
- Brock v. KirkpatrickSupreme Court of South Carolina · 1901
- Sutton v. ClarkSupreme Court of South Carolina · 1901
- Busby v. Florida &c. R. R.Supreme Court of South Carolina · 1895
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