Wilson v. Moseley
Supreme Court of South Carolina
Suit for partition by Selina E. Wilson and others against Magnonia E. Moseley and others. Erom a judgment of nonsuit, plaintiffs appeal. submits: That “ancient public records like ancient deeds when shown to have come from the proper custody, are, in the absence of anything to impeach their verity, admissible in evidence without further proof of their authenticity, it being presumed that after thirty years that the official who made the record is dead; the rule has been…
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Suit for partition by Selina E. Wilson and others against Magnonia E. Moseley and others. Erom a judgment of nonsuit, plaintiffs appeal. submits: That “ancient public records like ancient deeds when shown to have come from the proper custody, are, in the absence of anything to impeach their verity, admissible in evidence without further proof of their authenticity, it being presumed that after thirty years that the official who made the record is dead; the rule has been applied to the public record deeds, even though 'rregularly made, provided facts requisite for the admission of the deeds…
1Opinion of the Court
The opinion of the Court was delivered by
Mr: Justice Gage.
The plaintiffs sued for the partition of a parcel of land at Wedgefield which contains but one-fourth of one acre. Some of the defendants pleaded a paramount title, the cause went to a jury, and a nonsuit was ordered.
The plaintiffs claim under a deed from Elbert T. Moore and Jos. S. Wilson to William W. Moore, Isaac J. Wilson, and James A. Harvin, trustees of Wedgefield Academy, dated in 1880. The deed contains this clause:
“But upon the express condition that if the said property should ever be used for any other,purpose, then and in…
2Cases cited1 opinion
- State v. CrockerSupreme Court of South Carolina · 1897
3Cited by2 opinions
- MacEdonia Baptist Church v. City of ColumbiaSupreme Court of South Carolina · 1940
- Windham v. LloydSupreme Court of South Carolina · 1970