YOUNG v. NIX

0465

286 S.C. 134 (1985)

332 S.E.2d 773

J. P. YOUNG, Respondent, v. J.E. NIX; Elsie Southerland Young; Ester Young; Gary Young; Robert Young; Noreen Young; Mack Young; S.T. Young; K.V. Young; and (as Defendants whose names are unknown); any child or children and any heirs at law or distributees of the above named Defendants, if deceased; and all persons entitled to claim under or through them, or any of them; also all other persons unknown, claiming any right, title, estate, interest in, or lien upon the real estate described in the Complaint herein; any unknown adults, being as a class designated as John Doe, and any unknown infants or persons under disability, as a class designated as Richard Roe, Defendants, of whom J.E. Nix is, Appellant. Appeal of J.E. NIX

Court of Appeals of South Carolina.

Decided May 13, 1985.


Attorney(s) appearing for the Case

Melvin K. Younts and M. Wallace Smith, Younts, Smith & Varner, Greenville, for appellant.

Joseph W. McGowan, III of Abercrombie & McGowan, Laurens, for respondent.


Heard March 25, 1985.

Decided May 13, 1985.

GARDNER, Judge:

J.P. Young instituted this partition action in which J.E. Nix was allowed to interplead and assert a claim of adverse possession. The trial court ruled that Nix's possession was permissive and not hostile and granted summary judgment in favor of Young. We agree and affirm.

In 1912 M.M. Nix acquired title to a large tract of land in Laurens County. He divided this property into three...

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