D. W. Alderman & Sons Co. v. McKnight
Supreme Court of South Carolina
Before Copes, J., Clarendon, December, 1911. Action by D. W. Alderman & Sons Co, against Sara A. McKnight. Plaintiff appeals. cites: Adverse possession must be proved against presumed possession of one holding legal title: 71 S. C. 330; 48 S. C. 28; 37 S. C. 576; 3 S. C. 34; 82 S. C. 221. cite: Possession for twenty years presumes a grant: 48 S. C. 490; Hill Ch. 376; 2 Rich. 19; 72 S. C. 312; 86 S. C. 294. Not necessary to notify of possession: 86 S. C. 461.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The facts in this case are thus stated in the decree of his Honor, the Circuit Judge:
“The defendant in this action entered into a contract with plaintiff, assignor, to sell to it all of her swamp land to which she had a good title, at twelve and 50-100 dollars per acre, the number of acres to be ascertained by two surveyors and was paid two hundred and fifty dollars in cash. Upon the survey being made, the plaintiff contended the defendant had a good and marketable title, to only about two hundred and thirty-six acres of swamp…
2Cited by3 opinions
- Mullis v. WinchesterSupreme Court of South Carolina · 1961
- West Virginia Pulp & Paper Co. v. ConeCourt of Appeals for the Fourth Circuit · 1946
- Walker v. OswaldSupreme Court of South Carolina · 1930