Lewis v. Pope
Supreme Court of South Carolina
Before DeVorE, J., Spartanburg, November Term, 1909. Action by R. H. Lewis and John Parish against N. B. Pope, D. M. Laughter et al.
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Before DeVorE, J., Spartanburg, November Term, 1909. Action by R. H. Lewis and John Parish against N. B. Pope, D. M. Laughter et al. From judgment for defendants, plaintiffs appeal on the following exceptions: 1. “Because his Honor, as it is respectfully submitted, erred in. refusing to charge the plaintiffs’ sixth request, to wit: ‘A person cannot live on or occupy one tract of land and establish adverse possession under color of title over an adjoining tract of land by proving that he has cut wood or timber on such adjoining tract and hauled it off for use on the tract on which he lived.’…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to recover possession of a tract of land containing about one hundred acres. The defendants denied the plaintiffs’ title, and set up the defenses of adverse possession, presumption of a grant, estoppel and laches. The jury rendered a verdict in favor of the defendants, and the plaintiffs appealed upon exceptions which will be reported.
1 First Exception. In order to understand clearly the question presented by this exception, it will be necessary to refer to the testimony of the defendant’s witnesses, which is thus…
2Cases cited8 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Weaver v. Southern Ry.Supreme Court of South Carolina · 1907
- Powers v. SmithSupreme Court of South Carolina · 1908
- State v. AughtrySupreme Court of South Carolina · 1897
- Corbett v. FogleSupreme Court of South Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kirton v. HowardSupreme Court of South Carolina · 1926
- Weston v. MorganSupreme Court of South Carolina · 1931
- Wilson v. Southern Railway Co.Supreme Court of South Carolina · 1923
- Battle v. DevaneSupreme Court of South Carolina · 1927
- West Virginia Pulp & Paper Co. v. ConeCourt of Appeals for the Fourth Circuit · 1946
5 more not listed; retrieve them via the Exa API.