Trustees of Wadsworthville Poor School v. McCully
Court of Appeals of South Carolina
BEFORE WARDLAW, J„ AT ANDERSON, SPRING TERM, 1858. Tbe report of his Honor, the presiding Judge, is as follows: “ These were two actions of trespass to try titles, brought to recover two lots of land in the Village of Anderson.
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BEFORE WARDLAW, J„ AT ANDERSON, SPRING TERM, 1858. Tbe report of his Honor, the presiding Judge, is as follows: “ These were two actions of trespass to try titles, brought to recover two lots of land in the Village of Anderson. “ The plaintiff showed, 1. A grant to William Turpin, dated February 6, 1786, for four hundred and eighty acres on branches of-the Grenerostee; 2. A conveyance of the land, thus granted, from William Turpin to Thomas Wadsworth, May 2, 1797; 3. The will of Thomas Wadsworth, dated September 17, 1799, devising his lands to certain persons in trust for the establishment…
1Opinion of the Court
The opinion of the Court was delivered by
Wardlaw, J.
It will be seen from the report that the instructions which were given to the jury, are misstated in the grounds of appeal. The presumption of title, arising from long continued possession, unquestioned and unexplained, was not held to be a presumption juris et de jure, irrebuttable, such as the Court might make; nor even one which the jury were bound to make without regard to the circumstances which contradicted it; but it was considered a presumption of fact to which an artificial force is ascribed by the law, and which the jury were…
2Cases cited1 opinion
- In re the Judicial Settlement of the Accounts of TempleNew York Surrogate's Court · 1901