The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-06

to real property, or to rents or services
out OF the same, shall be effectual unless
1T appear that the person prosecuting the
action or making the defence, or under
whose title the action is prosecuted. or
the defence is made, or the ancestor,
predecessor or grantor Of suoh person,
was seized or possessed of the premises
IN question within twenty years before
the committing of the net in respect to
which such action is prosecuted or de.
fence made
SEC. lob. No entry upon real estate
shall be deemed sufficient, or valid MS
claim, unless m action be commenced
thercupon within ono year after the
making Of such entry, and within twenty
years from the time when the right to
make such entry descended or accrued.
DEC. 1o4. In every action for the re-
covery OF real property, or the possession
thereof, the person establishing n legal
title to the promises shall DO presumed
TO have been possessed thereof within
the time required by law; and the occupa-
ton OF such premises by any ether person
shall be deemed to have been under and
III subordination to the legal title, unless
1t appear that such premises have been
held and possessed adversely to such
legal title for twenty years before the
commencement of such action.
SEC. 1O5. Whenever it shall appear
that the occupant, or those under whom
he claims, entered into the possession of
premises under claim Of title, exclusive
OF any other right, founding such claim
upon a written instrument as being q
conveyance Of the premises in question.
or upon the decree or Judgment of a
competent court, and that there has been
continued occupation and DO: session of
the premises included in such instrument.
decree or Judgment, or of some part of
such premises, under such claim, for
twenty years, the premi,cs so included
shall be deemed to haro Lcrn held nd.
verscly; except that where the premises
SO included consist of n tract divided into
lots, the possession of one lot shall not
oc deemed possession of any other lot
OF the samo trnct.
SEC. l06. For the purpose of consti-
tntlng nm adverse possession, by any
person claiming title founded upon O
written instrument or judgment or de-
cree, land shall be deemed to have been
possessed and occupied in the following
cases:
l. Where it has been usually cultivated
or improved;
~ W hOiC IL DCeu projected DV q
substantial enclosure:
8. Where, although not enclosed Il
has been used for the supply of fuel or
Of fencing timber, for the purposes of
husbandry or the ordinary use of the
occupant;
i. Where known farm or q single lot
has been partly improved, the portion of
such farm or lot that may havo been left
not cleared OF not enclosed, according to
the usual course and custom Of the nd.
Joining country, shall be deemed to have
been occupied for the same length of
time as the partimproved and cultivated.
SEC. lO1. Whero it shall appear that
there has been IN actual continued occu-
patton OF premises, under claim of
title, exclusive of any other right, but
not founded upon Il written instrument
or "A Judgment or decree, the premises
SO actually occupied, and no other shall
be deemed to have been held adversely.
SEC. los. For the purpose of consti.
tuting IN adverse possession, bya person
claiming title not founded upon written
instcuMent or Judgment or decree.
land shall be deemed to have been DOS
scssed and occupied in the following
cases only:
l. Who're it has been protected bS
substantial enclosure;
2. Where it has been usually cultivated
or improved
SEC. 109 Whenever the relation of
landlord and tenant shall have existed
between any persons, the possession of
the tenant shnl be deemed the possession
of the landlord, until the expiration of
twenty years from the termination of the
tenancy; or, where there has been no
written lease, until the expiration of
twenty years from the time of the lust
payment OF rent. Notwithstanding that
such tenant may have against another
title, at may have claimed to hold
adversely to his landlord. But such pre-
sumption shall not be made after the
periods herein limited.
SEC. 11O. The right of porson to the
possession of any real prnperty shall not
be impaired or affected by descent
being cast in consequence of the death
OF porson i'll possession of such pro-
perty.
SEC Ill. If person entitled to com
menco any action for the recovery of real
property, or to make an entry or defence
founded on the title to renl property, or
to rents or services out OF the same, be,
at the time such title shall first descend
or accrue, either