Miller v. Cramer

Supreme Court of South Carolina February 10, 1897

Miller v. Cramer, 48 S.C. 282 (S.C. 1897)

26 S.E. 657; 1897 S.C. LEXIS 100

McIver

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

These two cases, together with another brought by the same plaintiffs against Horatio C. Hughes (the last named, case not being involved in this appeal), all growing ont of the same state of facts substantially, and involving the same principles of law, -were heard *298and considered together by his Honor, Judge Benet, and from his decree the defendants in the two cases named in the title have appealed.

The facts are so fully and clearly stated in the Circuit decree, and the conclusions reached by the Circuit Judge are so satisfactorily vindicated by the reasoning which he has employed and the authorities which he has cited in his decree (which should be incorporated in the report of this case), that it would be a mere work of supererogation for this Court to add anything to what is there so well said. The Circuit decree is, therefore, adopted as the opinion of this Court.

The judgment of this Court is, that the judgment of the Circuit Court in the two cases named in the title be affirmed.

Reference

Full Case Name: MILLER v. CRAMER MILLER v. ANDREWS
Cited By: 17 cases
Status: Published
Syllabus: 1. Deed. — In a deed, if there is a conflict between the provisions, those first declared prevail. 2. Limitation of Estates. — Held, that the lots in question were held by executor of C. with a resulting trust in favor of M., and that the private creditors of C. had no claim on the property. 3. Trust — Presumption—Trustee—Cestui Que Trust. — Where it is the plain duty of a trustee to convey a lot, and he does not, but acknowledges the right of the cesíui que tncst to the possession for twenty years, it will be presumed that it was conveyed. ■ 4. Tacicing — Adverse Possession. — For purpose of showing continuous adverse possession, the cestui que trust may tack to the trustee and the heir to the ancestor. 5. Adverse Possession — Cotenants.—What constitutes adverse possession by one cotenant as against the others considered. 6. Titee — Purchaser.—A purchaser is not compelled to take a doubt-fill title, but he will not be permitted to object to a title on account of mere possibility.