Zinnerman v. Williams

• Decision Date: 08 December 1947
• Docket Number: 16019.
• Citation: 45 S.E.2d 597,211 S.C. 382
• Parties: ZINNERMAN v. WILLIAMS et al.
• Court: South Carolina Supreme Court

45 S.E.2d 597

211 S.C. 382

ZINNERMAN v. WILLIAMS et al.

No. 16019.

Supreme Court of South Carolina

December 8, 1947

McDonald & McGowan, of Florence, for appellant.

Willcox, Hardee, Houck & Palmer, of Florence for respondents.

BAKER Chief Justice.

Appellant instituted this action on July 15, 1946, to recover possession of a lot and a house which had been practically rebuilt thereon in the town of Timmonsville, Florence County. The house was occupied by Sammie Phillips as the tenant of the respondent, Frank Williams.

The answer of the respondent, Frank Williams, sets up that he had been in possession of the premises either personally or by his tenants for more than ten consecutive years immediately preceding the institution of the action by the appellant claiming them as his own. He relies upon the right of ownership and possession of the premises by adverse possession. It is further alleged in his answer that he purchased the premises from Sam J. Cole as the agent of his wife, Mrs. Pearl I. Cole, and obtained a paper from him giving to him (Frank Williams) the right to own and possess the premises absolutely and unconditionally.

After all evidence was presented, Judge Grimball, on motion of the respondents, directed a verdict for the respondent, Frank Williams, on the ground that no other reasonable inference could be drawn from all the testimony than that Frank Williams had been in the possession of the premises involved adversely for more than ten years immediately preceding the institution of this action.

Appellant prosecutes an appeal to this Court upon six exceptions, but condenses them in his printed argument to four questions reading as follows:

'1. Did the respondent, Frank Williams establish adverse possession of the property in question for the full statutory perior of ten years? '2. Did not the doubtful nature and indefiniteness of respondents' testimony as to the possession of the property from 1934 to 1941 require that the issue of adverse possession be submitted to the jury?

'3. Was not the testimony of respondents' witness, Drexel Lane, purely hearsay testimony and thereby inadmissible?

'4. Was not the respondent, Frank Williams' testimony as to transactions with Sam J. Cole inadmissible under the statute, because of the death of Sam J. Cole in 1941?'

If there is any testimony from which a reasonable inference can be drawn that the respondent, Frank Williams, was not in the adverse possession of the premises for ten consecutive years immediately preceding the commencement of this action, then the trial Judge was in error in granting the motion for direction of verdict, and the case should be remanded for another trial.

The testimony (and exhibits) stated favorably for appellant shows:

In 1926 appellant acquired by deed from one, Moses Frederick, the premises here involved, and occupied them until sometime in 1927 when his wife died. In 1930 he moved to Danville, Va., where he has resided ever since. Neither the appellant nor any member of his family occupied the premises since 1927, although appellant testified he had tenants on the premises for about four years thereafter. One sales day in December, 1931, the property was sold for taxes. On July 6, 1934, a deed was made by the Delinquent Tax Collector of Florence County to the Forfeited Land Commissioner of said County, and on the 9th day of July, 1934, the Forfeited Land Commissioner conveyed the premises to Mrs. Pearl I. Cole, the consideration expressed in the deed being $5. Sam J. Cole (now deceased), the husband of the grantee, handled the purchase. Mrs. Cole testified that she did not know that she ever held title to the property until in 1944.

In September, 1934, Frank Williams purchased the premises from Mrs. Cole through her agent and husband, Sam J. Cole, who was Chief of Police of the town of Timmonsville. Mr. Cole in addition to 'running the Town,' particularly in the eyes of the colored residents of Timmonsville, collected rent for himself and others. Frank Williams went into possession immediately after his purchase and made extensive repairs to the dwelling house, which had become in bad state of repair and uninhabitable. After repairs were made and in the fall of 1935, or before, one, Johnnie Daniels, moved in the house as the tenant of Frank Williams and remained there as such tenant for six or seven years; and after he moved out Frank Williams moved in, and then when he moved out, Sammie Phillips moved in as his tenant, and has been occupying the house and premises ever since.

App...