Agnew v. Adams

Citations

• 26 S.C. 101
• 1 S.E. 414
• 1887 S.C. LEXIS 10

Syllabus

<p>1. An order refusing a motion for new trial, moved upon the ground that the verdict was against the weight of the evidence, is not appealable.</p> <p>2. A party cannot establish title through a void judgment even though such judgment is afterwards declared to be valid by a decree of the Court of Common Pleas in a cause where its validity is one of the issues involved, and all proper parties are before the court.</p> <p>3. Declarations of a judgment creditor made after a sale of land under his judgment, are inadmissible against the purchaser to show that such creditor had waived his right to enforce his judgment.</p> <p>4. Issues of fact being involved, the trial-judge could not direct a verdict.</p> <p>5. The judge may properly charge upon any matter involved in the cause.</p> <p>6. Under the ruling of this court on a former appeal (15 S. (7., 36), the Circuit Judge properly charged the jury that the assignment of homestead in this case was valid, notwithstanding irregularities in the return.</p>