Garrett v. Weinberg

Citations

• 48 S.C. 28
• 26 S.E. 3
• 1896 S.C. LEXIS 154

Syllabus

<p>1. Ouster — Statute Limitations — Deed.—Where a party takes a deed to a tract of land, construed to convey all the land, and puts it ■ on record, and goes into possesion, recognizing no other claim to an interest therein, such acts amount to an ouster, and certificates renouncing inheritance, &c., attached to such deed cannot have the effect of contradicting the plain and express words of the deed.</p> <p>2. Tenants in Common — Eresumption—Disability—Statute oe Limitations. — When adults and infants are tenants in common of land, the fact that the presumption of a deed cannot avail against the infants because of disability is personal to them, and cannot be interposed by the other tenants.</p> <p>3. Married Women — Statute oe Limitations — Disability. —A woman married before the Constitution of 1868 did not have the right to the possession of her land acquired before that time, until the death of her husband, and she could not maintain an action for its recovery, and the statute of limitations would not run against her, until his death.</p> <p>4. Tacking — Adverse Possession — Statute of Limitations. — A grantee of real estate holding possession under a written title, cannot tack his term of possession to that of his grantor, so as to make up the statutory period of adverse possession.</p>