Asbill v. Asbill

Citations

• 24 S.C. 355
• 1886 S.C. LEXIS 45

Syllabus

<p>1. The judge should construe a written paper, but, in a chancery case, he may submit as an issue to the jury, what the terms of a lost paper were; and such an issue having been ordered, the succeeding judge could not disregard the order.</p> <p>2. An omission to charge a matter not requested, is not error of law.</p> <p>3. Bindings of fact by a jury on issues referred to them out of chancery, adopted by the Circuit Judge, approved, being sustained by the testimony.</p> <p>4. Where commissioners in dower assign one-sixth in value of the lands to the widow in fee for her dower, and the return is confirmed, and no appeal taken, the assignment cannot afterwards be questioned.</p> <p>Mu. Chief Justice Simpson concurred in the result, and Mr. Justice</p> <p>dissented as to the effect given to the parol testimony.</p>