41 S.E. 450 | S.C. | 1902
April 11, 1902. The opinion of the Court was delivered by This action was brought for damages for tortious eviction and continuing trespass, and for recovery of possession of a small strip of land. At the conclusion of plaintiff's testimony, a motion for a nonsuit was made and granted upon the grounds that there was no evidence of title to the land in dispute in the plaintiff, by proof of deeds back to the grant or by proof of exclusive possession for twenty years in the plaintiff and those under whom he claims so as to presume a grant, and also that the evidence of possession for ten years does not give title, but is a mere matter upon which to base a plea of the statute of limitations.
The appeal questions the correctness of the nonsuit. We think the nonsuit was improperly granted. It is settled in this State that one who holds land adversely for ten years acquires a good title, which may be affirmatively asserted against one not protected by some disability. Harrelson v.Sarvis,
The judgment of the Circuit Court is reversed, and the case remanded for a new trial.