Ellen v. Ellen

Citations

• 18 S.C. 489
• 1883 S.C. LEXIS 20

Syllabus

<p>1. Whether admissions of the plaintiff’s grantor, while in possession of the-disputed land, were sufficient evidence of the due execution and contents-of an alleged lost deed, under which the defendant claimed, was a question of fact, and, therefore, properly left to the jury to be determined.</p> <p>2. Ee'citals in a deed made by M. of a former conveyance by him to defendant’s grantor (which conveyance is proved to have been lost), are evidence-against plaintiff, who claims title under E., if E. matured title by twenty years’ presumption of a grant from M., but not if plaintiff derived title through an adverse possession of E.</p> <p>3. And declarations by M. of a gift to defendant’s grantor are admissible against plaintiff, if they were made before E. took possession, claiming under a presumed deed from M., but such declarations can have no application to plaintiff’s claim under an adverse possession by E.</p> <p>4. After declarations by plaintiff’s deceased grantor in disparagement of a claim of adverse possession have been introduced by defendant, other declarations by the same person in support of. such a claim may be introduced by plaintiff in reply, only where they were parts of the same conversation already testified to, or accompanied and were explanatory of some special act of ownership.</p>