Corley v. Holloway

Citations

• 22 S.C. 380
• 1885 S.C. LEXIS 33

Syllabus

<p>1. When a person has been shown to be alive at a certain period, the presumption is that he continued to live for at least seven years; but when ho has been missing and has not been heard from during that period of time, then the presumption is the other way.</p> <p>2. Whether the death of a person not heard from for seven years occurred at the beginning or end of that period is a matter to be determined upon the facts and circumstances of each particular case, the burden of proof being upon him whose interest it is to fix the death prior to the expiration of the seven years.</p> <p>3. Naisor v. Brockaway, Rich. JBq. Gas., 449, disapproved.</p> <p>4. The decision of the Circuit judge that the person here not heard from in seven years did not die at the beginning of that period, was a finding of fact in a chancery case, and is approved.</p> <p>5. Where the Circuit judge, in reaching his conclusions did not consider certain testimony admitted by the master, this court declined to pass upon its competency.</p> <p>6. A tenant-in-common cannot be called upon by a co-tenant to pay rent during the time of occupancy before action brought, it not appearing that the occupant cultivated more than her share, and all the'owners, including plaintiff, having permitted her to use the land.</p>