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13 S.C.L. 268

Roberts v. Roberts

Supreme Court of South Carolina

Decided November 15, 1822

Supreme Court of South Carolina · decided 1822-11-15

THIS was an application for the partition of the land of Archibald Roberts, deceased, among his heirs. The defendant had been in possession of a part of the land for fifieen years, which he claimed under the statute of limitations. The part he claimed was designated by 1'nes known to the father of the applicants, and acknowledged by him.

Decided 1822-11-15

Mr. Justice Huger

¶1delivered the opinion of the court:

¶2There is no doubt that a son may hold adversely to a parent. Their intimate connection may support a presumption against the claims of the son, but this presumption may be rebutted by evidence.

¶3In all cases, the character of the possession is a question for the jury. In this case, the evidence was conclusive, that the defendant held the land as his own, not as his fathers. The jury have so found, and the verdict cannot, be disturbed.

¶4The motion is refused.

Justices Johnson, Gantt, Nott and Richardson, poneurrediJustice Colcock dissented.
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