10 South Carolina opinions name it 2 courts 1900–2021 1 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bradley v. Calhoungreen2 sentences2004In a claim for adverse possession “where one’s possession was begun in privity with or in subservience to the title of another,” adverse possession cannot begin until the trust is openly repudiated by “a clear, positive, and continued disclaimer of the title ... [and the adverse claim is] brought home to the other party.” Bradley v. Calhoun, 125 S.C. 70, 82 , 117 S.E. 811, 815 (1923); cf. Ham v. Flowers, 214 S.C. 212, 218-19 , 51 S.E.2d 753, 756 (1949) (holding when a party took possession of property to protect his interest as a mortgagee, that party entered “the premises in the quasi charact 2004In a claim for adverse possession “where one’s possession was begun in privity with or in subservience to the title of another,” adverse possession cannot begin until the trust is openly repudiated by “a clear, positive, and continued disclaimer of the title ... [and the adverse claim is] brought home to the other party.” Bradley v. Calhoun, 125 S.C. 70, 82 , 117 S.E. 811, 815 (1923); cf. Ham v. Flowers, 214 S.C. 212, 218-19 , 51 S.E.2d 753, 756 (1949) (holding when a party took possession of property to protect his interest as a mortgagee, that party entered “the premises in the quasi charact | 1 | 3 |
Presbyterian Church of James Island v. Pendarvisgreen2 sentences2004Repudiation “need not be in specific words but may consist of conduct inconsistent with the existence of the trust.” Pendarvis, 227 S.C. at 57-58 , 86 S.E.2d at 743-44 (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”). 2004Repudiation “need not be in specific words but may consist of conduct inconsistent with the existence of the trust.” Pendarvis, 227 S.C. at 57-58 , 86 S.E.2d at 743-44 (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”). | 1 | 1 |
Ham v. Flowersgreen2 sentences2004In a claim for adverse possession “where one’s possession was begun in privity with or in subservience to the title of another,” adverse possession cannot begin until the trust is openly repudiated by “a clear, positive, and continued disclaimer of the title ... [and the adverse claim is] brought home to the other party.” Bradley v. Calhoun, 125 S.C. 70, 82 , 117 S.E. 811, 815 (1923); cf. Ham v. Flowers, 214 S.C. 212, 218-19 , 51 S.E.2d 753, 756 (1949) (holding when a party took possession of property to protect his interest as a mortgagee, that party entered “the premises in the quasi charact 2004In a claim for adverse possession “where one’s possession was begun in privity with or in subservience to the title of another,” adverse possession cannot begin until the trust is openly repudiated by “a clear, positive, and continued disclaimer of the title ... [and the adverse claim is] brought home to the other party.” Bradley v. Calhoun, 125 S.C. 70, 82 , 117 S.E. 811, 815 (1923); cf. Ham v. Flowers, 214 S.C. 212, 218-19 , 51 S.E.2d 753, 756 (1949) (holding when a party took possession of property to protect his interest as a mortgagee, that party entered “the premises in the quasi charact | 1 | 1 |
Graniteville Co. v. Williamsgreen2 sentences2003See Graniteville Co. v. Williams , 209 S.C. 112, 120-21 , 39 S.E.2d 202, 206 (1946) (stating actual knowledge of the adverse claim is not necessary where the possession is so open, visible, and notorious that the true owner should have knowledge of the adverse character of the claim). 2003See Graniteville Co. v. Williams , 209 S.C. 112, 120-21 , 39 S.E.2d 202, 206 (1946) (stating actual knowledge of the adverse claim is not necessary where the possession is so open, visible, and notorious that the true owner should have knowledge of the adverse character of the claim). | 1 | 1 |
Weston v. Morgangreen1 sentence1986Weston v. Morgan, 162 S. E. 177 , 205-06, 160 S. E. 436, 446 (1929) (“where one’s possession was begun in privity with or in subservience to the title of another, a quasi fiduciary relation is established, and, before the foundation can be had for ... the defense of adverse possession by the acquisition of an outstanding title, a clear, positive, and continued disclaimer of the title under which he entered and the assertion of an adverse claim must be brought home to the other party. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Benson v. United Guaranty Residential Insurance of Iowa
green
2 sentences2021Therefore, a plaintiff in a quiet title action is not required to allege a trespass or even damages, and as long as the alleged adverse claim "cannot be classified as imaginary or speculative, the complaint states a cause of action under the statute." Id. 2021Id. at 510 , 445 S.E.2d at 651 . | 1 | 2021–2021 |
Tolbert v. Greenwood Cotton Mill
neutral
1 sentence1994Id. | 1 | 1994–1994 |
Metz v. Metz
neutral
1 sentence1929Raw, 50; Gray v. Bates, 3 Strob., 498 ; Metz v. Metz, 48 S. C., 472, 26 S. E., 787 ; Coleman v. Coleman, 71 S. C., 518, 51 S. E., 250 ; Powers v. Smith, 80 S. C., 110, 61 S. E., 222 .” In Bradley v. Calhoun, 125 S. C., 82, 117 S. E., 815 , the Court said: “The principal is just and well-established that, where one’s possession was begun in privity with or in sub *357 servience to the title of another, a quasi fiduciary relation is established, and before a foundation can be laid for the operations of the Statute of Limitations or the defense of adverse possession by the acquisition of an outst | 1 | 1929–1929 |
Powers v. Smith
neutral
1 sentence1929Raw, 50; Gray v. Bates, 3 Strob., 498 ; Metz v. Metz, 48 S. C., 472, 26 S. E., 787 ; Coleman v. Coleman, 71 S. C., 518, 51 S. E., 250 ; Powers v. Smith, 80 S. C., 110, 61 S. E., 222 .” In Bradley v. Calhoun, 125 S. C., 82, 117 S. E., 815 , the Court said: “The principal is just and well-established that, where one’s possession was begun in privity with or in sub *357 servience to the title of another, a quasi fiduciary relation is established, and before a foundation can be laid for the operations of the Statute of Limitations or the defense of adverse possession by the acquisition of an outst | 1 | 1929–1929 |
Coleman v. Coleman
neutral
1 sentence1929Raw, 50; Gray v. Bates, 3 Strob., 498 ; Metz v. Metz, 48 S. C., 472, 26 S. E., 787 ; Coleman v. Coleman, 71 S. C., 518, 51 S. E., 250 ; Powers v. Smith, 80 S. C., 110, 61 S. E., 222 .” In Bradley v. Calhoun, 125 S. C., 82, 117 S. E., 815 , the Court said: “The principal is just and well-established that, where one’s possession was begun in privity with or in sub *357 servience to the title of another, a quasi fiduciary relation is established, and before a foundation can be laid for the operations of the Statute of Limitations or the defense of adverse possession by the acquisition of an outst | 1 | 1929–1929 |
Fanning v. Stroman
green
1 sentence1924Hence the mere fact of a' public use of such' a road for any length of time will not sustain a claim of public right by prescription in the way (see Fanning v. Stroman, 113 S. C., 495, 498; 101 S. E., 861 ; 29 C. | 1 | 1924–1924 |
State v. Village of St. Johnsbury
neutral
1 sentence1900Johnsbury, 59 Vt., 332 , the following language: “But it is said that assumpsit for money had and received will not lie, for that there is no privity between the State and die village, as the latter received from third persons, and has retained the money in good faith under an adverse claim of right and ownership. | 1 | 1900–1900 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.