Cummings v. Varn

*39Harwell, Justice:

This is an action of trespass to try title, a suit at law brought to recover real estate in the possession of appellant and claimed to belong in fee to respondents as co-tenants with appellant. The issue is whether respondents proved perfect title to a disputed tract of land and, consequently, met their burden of proof so as to dispossess appellant. We reverse.

I. FACTS

This case involves a dispute over a fifty acre tract of land lying along the Bamberg-Colleton county line (the disputed tract). Appellant W.H. Varn, Jr. claims title to the land by virtue of a deed to his…