Lyles v. Roach

Citations

• 30 S.C. 291
• 9 S.E. 334
• 1889 S.C. LEXIS 110

Syllabus

<p>1. In 1872 the limitation of actions for the recovery of land hold adversely was 20 years, but in 1873 the time was reduced to 10 years. This amendment in the law was not retroactivo, and an adverse possession commenced before the act of 1873, and uninterruptedly continued, would not ripen into a right until the expiration of full twenty years.</p> <p>2. Whether a possession taken in 1872 assumed an adverse character before the act of 1873, or after that act, was a question of fact for the jury; and it depended upon the determination of that fact whether or not the adverse possession had ripened into right by 1887.</p> <p>8. In actions in tort, as well as in actions on contract, the currency of the statute commences when the cause of action accrues ;1 and the limitation in force at the accrual of the right governs the case.</p>