Cathcart v. Matthews
Supreme Court of South Carolina
Before Ernest Moore, special Judge, Fairfield, October, 1909. Action by Wm. M. Gatheart, administrator of John FI. Cathcart, against Jno. P. Matthews. Plaintiff appeals. Mr. Hanahan cites: Title acquired by adverse possession can be asserted affirmatively: 50 S. C. 457; 39 S. C. 14; 45 S. C. 317. Equitable trusts are not zuithin the statute of limitations: 7 John. Cb. 89; 83 Am.
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Before Ernest Moore, special Judge, Fairfield, October, 1909. Action by Wm. M. Gatheart, administrator of John FI. Cathcart, against Jno. P. Matthews. Plaintiff appeals. Mr. Hanahan cites: Title acquired by adverse possession can be asserted affirmatively: 50 S. C. 457; 39 S. C. 14; 45 S. C. 317. Equitable trusts are not zuithin the statute of limitations: 7 John. Cb. 89; 83 Am. Dec. 173; 40 S. C. 178. Regular mercantile books are admissible as evidence: 1 N. & McC. 186; 2 Bay 173; 3 Wig. on Ev., sec. 1533, 1535. cite: Entries in mercantile books not made in the ordinary course of business…
1Opinion of the Court
•The opinion ini ¡this case was filed on May 2, but remittitur held up on petition for rehearing until
The opinion of the Court was delivered 'by
Mr, Chibo? Justice Gary.
This is am action by the administrator, of the estate of John H. Oathcart, deceased, to recover rents and profits; for the use of a certain storehouse and lot in Winnsboro.
The defendant denied that the legal title was in John H. Cathcart, and pleaded 'tíre presumption of a grant, and adverse possession.
It 'appears from the testimony, ¡that Richard Cathcart became feeble ini mind; about the year 1865, and that he executed a…
2Cases cited3 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Duren v. KeeSupreme Court of South Carolina · 1897
- Turner v. PostonSupreme Court of South Carolina · 1902
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- Daly v. Spencer's CommitteeCourt of Appeals of Kentucky (pre-1976) · 1935
- Fidelity Lumber Co. v. HowellCourt of Appeals of Texas · 1918
- Williamson & Brown Land & Lumber Co. v. Mullins Lumber Co.Court of Appeals for the Fourth Circuit · 1918
- Gallishaw v. JacksonSupreme Court of South Carolina · 1914