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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.