Polson v. Ingram

Citations

• 22 S.C. 541
• 1885 S.C. LEXIS 48

Syllabus

<p>1. The recitals in a deed are only binding upon such persons as are shown to be parties and privies.</p> <p>2. The law is jealous of a claim to an easement, and the party asserting such a claim must prove his right to it clearly; it cannot be established by intendment or presumption.</p> <p>3. Requests to charge upon the force and effect of testimony properly refused.</p> <p>4. Upon a disputed question of easement, the judge could not properly grant a request to charge that ignored the possibility of a right obtained by grant.</p> <p>5. While an acquired easement may be defeated by express grant or by prescription, the law will not presume its abandonment from twenty years’ non-user; the abandonment of an easement is a question of intention to be determined by the jury.</p> <p>6. Getting timber by the owner of the soil from the land covered by defendant’s back-water would not extinguish defendant’s easement, if such acts were not inconsistent with the easement claimed.</p> <p>7. What constitutes color of title is a question of law, but whether the matter showing color exists is a question for the jury.</p> <p>8. A deed, probated and recorded, and proved to have been in the possession of the party producing it, and of those under whom he claims, for more than thirty years, properly received in evidence as an ancient deed.</p>