Duren v. Strait

Citations

• 16 S.C. 465
• 1882 S.C. LEXIS 19

Syllabus

<p>1. In action against an executor upon an implied contract of the testator to pay for timber trees of the plaintiff cut and removed by the deceased, it is not essential to a recovery that plaintiff should prove title to the land from which the trees were cut; but -the Circuit judge erred in instructing the jury that mere proof of plaintiff’s possession of the land would' entitle him to recover the value of the trees, unless the defendant showed a better right. The real issue involved was the ownership of the trees.</p> <p>2. In such action, a plat found among the records of a prior cause between this plaintiff’s father as defendant, (then holding in right of his son, a</p> <p>. minor,) and another party as plaintiff) involving the title to the land from which the trees were cut, was competent evidence to show the extent of this plaintiff’s claim under color of title.</p>