· 4/6/1955
Presbyterian Church of James Island v. Pendarvis
Citations
- 86 S.E.2d 740
- 227 S.C. 50
- 1955 S.C. LEXIS 7
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a party seeking to enforce a trust “may become barred by laches if he fails to proceed with reasonable diligence”
- holding the parties had constructive notice of the 1713 trust because it was recorded in the office of the Register of Deeds in 1732
- holding the party’s leasing the property and using the property in a manner not consistent with the trust was “tantamount to a repudiation of the trust”
- holding a party’s possession was adverse even when “due to the long lapse of time all parties, including the congregation and the ministers, had simply forgotten the trust”
- holding evidence of adverse possession included the church’s dealings with the property as if it owned the property in fee simple for a period of more than half a century, and the fact that the church’s title had not been questioned for approximately fifty years
Source: CourtListener parenthetical corpus (CC0).
Judges: Oxner, Baker, Stukes, Taylor, Legge
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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