Renneker v. Warren

Citations

• 17 S.C. 139
• 1882 S.C. LEXIS 58

Syllabus

<p>1. In case of a disputed claim to land not in the actual possession of either party, but held by both under color of title, the well-established principle in this state is, that the older title must prevail.</p> <p>2. An admission against interest, as to whose title is the older, made, after a comparison of papers, by an owner of land at the time of a survey of lines between his own and adjoining lands, would be competent evidence against himself and his privies and successors.</p> <p>3. But such admission made by a subsequent owner two years before his purchase is the admission of a stranger, and is not competent evidence against his alienees upon a question of disputed title afterwards at issue.</p> <p>4. Declarations made by one professing to be an agent are not admissible in evidence against the alleged principal’ until the agency is established by proof.</p>