Perry v. Heirs at Law and Distributees of Gadsden

Petitioner asks this Court for writ of certiorari to review the Court of Appeal’s decision in Perry v. Heirs at Law & Distributees of Gadsden, _ S.C. _, 437 S.E. (2d) 174 (Ct. App. 1993). We grant the petition, dispense with further briefing, and affirm as modified.

In its opinion, the Court of Appeals found that the record does not support petitioner’s claim of title under adverse possession because there was no evidence of hostile possession, citing Lusk v. Callaham, 287 S.C. 459, 339 S.E (2d) 156 (Ct. App. 1986). It based this on the fact that petitioner had repeatedly assured the heirs…