Terwilliger v. Daniels, 16663
Decision Date | 22 August 1952 |
Docket Number | No. 16663,16663 |
Citation | 222 S.C. 191,72 S.E.2d 167 |
Court | South Carolina Supreme Court |
Parties | TERWILLIGER v. DANIELS. |
Williams & Busbee, Aiken, for appellant.
Henderson, Salley & Cushman, Aiken, for respondent.
This action was brought by the plaintiff to exclude the defendant from any interest in the real estate described in the complaint, consisting of about 400 acres. This is the same tract which originally belonged to the Oliveros-Holley Land Company, a corporation organized by L. M. C. Oliveros, the father of appellant, and W. W. Holley. It is the same tract to which reference is made in the companion case of Terwilliger v. Marion, S. Car., 72 S.E.2d 165.
It is admitted that the Oliveros-Holley Land Company sold and conveyed unto Sims J. Daniels, the father of respondent, Lot No. 22 in Block 50 on a plat made in 1907 by P. S. Norris, Civil Engineer, and two other lots designated on the said plat as Nos. 22 and 23 in Block 15. These lots, together with many others, were sold by the Oliveros-Holley Land Company and were included in the 400 acre tract as a residential development. The above mentioned lots were conveyed on March 17, 1942 by Sims J. Daniels to his son, Grady Daniels, the respondent in this case.
We have practically the same issue here on appeal as was discussed in the companion case referred to--Terwilliger v. Marion, Respondent. The appellant claimed title to the property by adverse possession,--that is by tacking her possession to the adverse possession of her father, L. M. C. Oliveros, who died in 1936, and her mother, who died in 1938. Her claim is based on the ten year and 20 year periods.
The trial judge instructed the jury that our law recognizes title to real property acquired by adverse possession, and went on to say in his charge:
It has been held in many cases that the possession of ancestor and heir may be tacked. As was said in Bardin v....
To continue reading
Request your trial-
Getsinger v. Midlands Orthopaedic Profit Sharing Plan
...inconsistent with the existence of title in another, and under a claim or right or title). presumption of a grant. Terwilliger v. Daniels, 222 S.C. 191, 72 S.E.2d 167 (1952). See S.C. Juris. Adverse Possession § 4 n. 4 (1991) (there are several methods for acquiring property through the pas......
-
Miller v. Columbia Forest, Inc.
... ... common law recognizes the 20-year presumption of a ... grant." (citing Terwilliger v. Daniels, 222 ... S.C. 191, 193, 72 S.E.2d 167, 168 (1952))); id. at ... 430, 489 ... ...
-
Miller v. Columbia Forest, Inc.
...for adverse possession, SouthCarolina common law recognizes the 20-year presumption of a grant." (citing Terwilliger v. Daniels, 222 S.C. 191, 193, 72 S.E.2d 167, 168 (1952))); id. at 430, 489 S.E.2d at 226 (holding the elements of adverse possession must also be present to support a presum......
- Terwilliger v. Marion, 16662