Bradley v. Drayton

Citations

• 48 S.C. 234
• 26 S.E. 613
• 1897 S.C. LEXIS 96

Syllabus

<p>1. Titee — Common Source — Jury—Nonsuit.—The question of title from common source is for the jury, and if there be any testimony on this point, nonsuit is improper.</p> <p>2. Title relied on by plaintiff held not speculative.</p> <p>3. Titee — Common Source — Evidence—Dower—Jury—Cases Distinguished. — The fact that a wife had renounced her right of dower on mortgage executed by her husband is competent to go to the jury to show common source in a suit between claimant of the land, through husband’s mortgage, and the wife for possession. Buffmton v. Smith, 2 Brev., 98; Roach v. Davidson, 3 Brev., 80; Brown v. Shand, 2 M. Con. R., 12; Mayo v. Feaster, 2 McC. Ch., 137; Tibbetts v. Langley Mfg. Co., 12 S. C., 465. Distinguished.</p> <p>4. Charge. — The charge as to length of time for adverse possession to ripen into title, held not to-have been so stated as to confuse or mislead the jury.</p> <p>5. Charge. — The Judge may state a legal proposition after the general charge, which had been overlooked in such charge.</p> <p>6. Ibid. — Portion of charge excepted to held not to be upon the facts.</p>