Congdon v. Morgan

Citations

• 14 S.C. 587
• 1881 S.C. LEXIS 28

Syllabus

<p>1. Defendant, claiming the land in dispute by adverse possession under color of title, traced a deed under which he held to the custody of a master of the court, and proved the death of the master and an unsuccessful search for it in the office of the master’s successor; and then to show, by such deed, the extent of his claim, defendant offered secondary evidence of its contents, which was admitted by the trial judge. Held, that it was within the judge’s discretion so to do.</p> <p>2. When it is not known who were the subscribing witnesses -to an alleged lost deed, other evidence may be received to prove that the lost instrument was a deed of conveyance.</p> <p>3. Purchasers made entry upon the land under their deed, marked out their claim by survey and stakes, and upon the portion here in litigation built, a wharf on which to land lightwood, &c., and erected a boat-shed, and used both wharf and shed. Held, to be such acts of possession under-color of title as would ripen into title by possession.</p> <p>4. Such purchasers were joint tenants and one died, and under order of court the property was sold and purchased by the survivor, who paid his-, bid in full, but took no deed. Held, that the survivor did not hold under a different legal title or by a disconnected right.</p> <p>-5. Quere. May not an assignee in bankruptcy, without any order of the court, sell the bankrupt’s interest in lands held adversely by another?</p> <p>6. A party in possession of lands which were sold as the estate of a bankrupt by the assignee in bankruptcy, gave no notice of an adverse claim and bid for the property; neither he, nor those claiming under him, can afterwards object that the sale was unauthorized, because that he was an ' adverse claimant.</p> <p>7. Action was brought against A for the possession of land held adversely by him for less than ten years, but before trial he died. The plaintiffs in such action, having matured title by possession (as the verdict here shows), made t