Bardin v. Commercial Insurance & Trust
Bardin v. Commercial Insurance & Trust
Opinion of the Court
The opinion of the Court was delivered by
This action was to recover a tract of land in Florence county containing two hundred and thirty-one acres. The answer, besides a general denial, plead the Statute of Limitations, adverse possession and presumption of a grant. At the close of plaintiff’s testimony, defendant moved for a nonsuit on the grounds that there was no evidence of a grant or presumption of a grant from the State, and no testimony tending to show that plaintiff and defendant claimed from a common source. This motion being overruled defendant submitted no testi *359 mony and the jury rendered a verdict for the plaintiff and from the judgment thereon defendant appeals, renewing the question presented on the motion for nonsuit.
The judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- Bardin v. Commercial Insurance and Trust Co.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Real Property — Adverse Possession.- — Twenty or ten years’ adverse possession may be acquired by tacking the possessions of ancestor and heir. Woodland is held adversely by gathering wood, straw and timber therefrom, if this be the ordinary use for which the land is fitted. 2. Ibid. — Presumptions of Grant — Taxes.—Payment of taxes for a number of years tends to show the State has parted with its title to the lands.