Coleman v. Coleman
Supreme Court of South Carolina
Before Gage, J-, Fairfield, Action by Wm. H. Coleman et al. against Martin Coleman et al. From judgment for plaintiffs, they appeal. cite: Where parties claim from common source, the question is who has better title: 1 Strob., 1; 22 S. C., 133; 24 S. C., 385; McM.
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Before Gage, J-, Fairfield, Action by Wm. H. Coleman et al. against Martin Coleman et al. From judgment for plaintiffs, they appeal. cite: Where parties claim from common source, the question is who has better title: 1 Strob., 1; 22 S. C., 133; 24 S. C., 385; McM. Eq., 157, 345; 26 S'. C., 608; 11 S. C., 346. There can be no adverse possession against minors: 61 S. C., 276; 1 Hill Ch., 376; 2 Hill Ch.', 512; 3 S. C., 254; 48 S. C., 28; 40 S. C., 179 ; 2 S. C., 20. Partition of Dawkins’ estate is presumed: Harp., 4; 2 Rich. Eq., 99; McM. Eq., 475; 13 Rich. Eq., 366. cites: Plaintiff must…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was instituted for the recovery of three-fourths interest in a tract of land containing 415 acres, the plaintiffs alleging that the defendants had ousted them and now hold possession of the entire tract. The defendants set up several defenses, but none of them are involved in this appeal except defendants’ claim of title by presumption of a deed to them by adverse possession for more than twenty years. The jury found a verdict for the plaintiffs for three-fourths of one-seventh of the land, instead of the three-fourths of…
2Cases cited5 opinions
- Robertson v. PickrellSupreme Court of the United States · 1883
- Van Horne v. FondaNew York Court of Chancery · 1821
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Metz v. MetzSupreme Court of South Carolina · 1897
- Bryce v. CayceSupreme Court of South Carolina · 1902
3Cited by7 opinions
- Weston v. MorganSupreme Court of South Carolina · 1931
- Powers v. SmithSupreme Court of South Carolina · 1908
- Whitaker v. JeffcoatSupreme Court of South Carolina · 1924
- Sibley v. SibleySupreme Court of South Carolina · 1911
- Clarke v. JohnsonSupreme Court of South Carolina · 1929
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