Brickle v. Leach

Citations

• 55 S.C. 510
• 33 S.E. 720
• 1899 S.C. LEXIS 136

Syllabus

<p>1. Deeds — Mortgages—Pleadings.—In order to show that a deed absolute was intended as a mortgage, it is not necessary to allege and prove that such deed was obtained through ignorance, mistake, undue influence or fraud.</p> <p>2. Evidence. — Not error to admit statement of account between vendor and vendee as to purchase money of a tract of land in an action among heirs at law of vendee for partition, when one issue is the title to this land.</p> <p>3. Ibid. — -Transactions with Decedent. — A party to a case, and interested in the result, is not prevented by sec. 400 of the Code from testifying to declarations of a decedent, whose executor is also a party in interest, relative to transactions with another party to the same suit.</p> <p>4. Irid. — Ibid.—It is Harmless Error to admit, in an equity case, testimony incompetent under sec. 400 of the Code, in support of a fact which is clearly proven by other competent testimony.</p> <p>5. Evidence — Transactions with Decedent. — A Husband may testify as to transactions between his wife and a decedent.</p> <p>6. Deeds — Mortgages.—Finding of Fact that deed absolute was intended as a mortgage, affirmed.</p> <p>7. Pleadings — Judgment.—Relief should not be given against a codefendant which is not within the scope of the pleadings.</p> <p>8. Equity — Costs—Losing Party — Discretion.—In an equity case, costs are very much in discretion of .Circuit Judge, and his action herein, requiring the plaintiff and defendant estate to pay each one-half of the costs, because losing parties, sustained.</p> <p>9. Partition — Cause of Action. — One Tenant in Common who has joined in deed for partition, and retains .'lands received thereby, has no cause of action against other tenants for partition.</p>