Mitchell v. Hamilton
Supreme Court of South Carolina
Before Bowman, J., Ridgeland, September, 1913. Action by Fannie B. Mitchell and Rebecca Mitchell, by their guardian ad litem, Nancy Mitchell, against Elliott Hamilton and W. P. Tillinghast for recovery of possession of' land. From a judgment for plaintiffs, defendants appeal.
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Before Bowman, J., Ridgeland, September, 1913. Action by Fannie B. Mitchell and Rebecca Mitchell, by their guardian ad litem, Nancy Mitchell, against Elliott Hamilton and W. P. Tillinghast for recovery of possession of' land. From a judgment for plaintiffs, defendants appeal. The facts are stated in the opinion. cites: Burden on ■plaintiffs to prove title: 1 Mills 184; Tyler, Ejectment, 72, 738; 15 S. C. 274, 277. Adverse possession under contract to purchase after twenty years: Civil Code 2449. Charge on adverse possession: 21 S. C. 480.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action to recover possession of a small tract of land.
The answer was a general denial.
The jury rendered a verdict in favor of the plaintiffs for possession of the land, and the defendants appealed.
The first exception is as follows:
1, 3 “His Honor erred in refusing defendants’ motion for a new trial and abusing his discretion in so refusing, when the verdict was clearly inconsistent with the law and the evidence.”
The record does not disclose the grounds of the motion, nor was the exception argued by the appellants’…
2Cases cited5 opinions
- Garrett v. WeinbergSupreme Court of South Carolina · 1896
- Busby v. Florida &c. R. R.Supreme Court of South Carolina · 1895
- Holtzclaw v. GreenSupreme Court of South Carolina · 1896
- Jumper v. Commercial BankSupreme Court of South Carolina · 1893
- Tucker v. Charleston & Western Railway Co.Supreme Court of South Carolina · 1898
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- Hewitt v. Reserve Life InsuranceSupreme Court of South Carolina · 1959
- Peoples Bank v. BryantSupreme Court of South Carolina · 1928
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