Powers v. Smith
Supreme Court of South Carolina
Before Memminger, J., Spartanburg, March, 1906. Action by B. A. Powers et al. against S. F. Smith et al. From judgment for defendants, plaintiffs appeal. -cites: Possession of one tenant does not begin to be adverse to other cotenants until ousted: 61 S. C., 289; 13- Rich., 60 ; 2-6 S. C., 244; 1 Eincy., 533; 48 S'. C., 293. Possession for twenty years to make ouster must be adverse: 2 Hill Ch., 511; 26 S. C., 185; 50 S. G., 168; 48 S. C., 489. cites: Exclusive adverse…
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Before Memminger, J., Spartanburg, March, 1906. Action by B. A. Powers et al. against S. F. Smith et al. From judgment for defendants, plaintiffs appeal. -cites: Possession of one tenant does not begin to be adverse to other cotenants until ousted: 61 S. C., 289; 13- Rich., 60 ; 2-6 S. C., 244; 1 Eincy., 533; 48 S'. C., 293. Possession for twenty years to make ouster must be adverse: 2 Hill Ch., 511; 26 S. C., 185; 50 S. G., 168; 48 S. C., 489. cites: Exclusive adverse possession for twenty years presumes ouster: 48 S. C., 293; 50 S. C., 161. Heir may tack his possession to that of ancestor…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In the answer to this complaint for partition, the defendants set upi exclusive title to the land in themselves, and on the legal issue of title, the jury found in their favor. The exceptions allege error in the charge of the Circuit Judge.
There was no dispute as to the material facts. The land belonged to John Coan and Andrew Coan, father and son, who acquired title by conveyance made to them in 1846 and 1849. John Chan lived on the land and died there intestate in 1868, leaving as heirs his son, Andrew, .and his daughters, Jane…
2Cases cited10 opinions
- McGee v. HallSupreme Court of South Carolina · 1887
- Miller v. CramerSupreme Court of South Carolina · 1897
- Love v. TurnerSupreme Court of South Carolina · 1905
- Burnett v. CrawfordSupreme Court of South Carolina · 1897
- Metz v. MetzSupreme Court of South Carolina · 1897
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3Cited by18 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
- Brevard v. FORTUNESupreme Court of South Carolina · 1952
- Wells v. CourseySupreme Court of South Carolina · 1941
13 more not listed; retrieve them via the Exa API.