Brown v. McWhite

Citations

• 30 S.C. 356
• 9 S.E. 277
• 1889 S.C. LEXIS 109

Syllabus

<p>1. Where the payee of a sealed note writes on its back “pay to M,” and signs his name thereunder, M thereby becomes the assignee and legal owner of the sealed note.</p> <p>2. In action in the Probate Court to settle the estate of the maker of this note, creditors were called in, and M presented this note, whereupon the administrator of the payee appeared and claimed that M held this note only as security for a small account, and demanded the surplus. The probate judge so decreed. Held, that this court of limited jurisdiction could not settle controversies between these conflicting claimants, but should pay to the legal owner the dividend payable on this note, and leave the parties to adjust their equities in a tribunal having jurisdiction.</p> <p>3. Error cannot be imputed to a Circuit decree in the absence of any testimony or statement in the Brief upon the matter alleged to be erroneous. Matters stated only in exceptions cannot be considered as facts in the case.</p>