Bryce v. Massey

Citations

• 35 S.C. 127
• 14 S.E. 768
• 1892 S.C. LEXIS 175

Syllabus

<p>1. Acceptance of Service — Waiver.—Is the acceptance of due service of a copy of a proposed amended complaint and of notice of a motion for leave to file it, a waiver of an order permitting it to be filed ?</p> <p>2. Supplemental Complaint — Limitation of Actions. — A complaint alleged advances supplied, balance due ascertained, and a note for this balance given by defendant’s agent, and that no part of this note or of the account had been paid. The case remained on the docket, without progress, for nine years, when the administrator of plaintiff, who had died, filed a supplemental complaint, stating the indebtedness as the cause of action, and the note as security therefor, the death of the original plaintiff, administration by the present plaintiff, and his ownership of the claim. Held, that the supplemental complaint was filed in time, that it was based upon the same cause of action as the original complaint, and, under a plea of the statute of limitations, the action was held commenced when the summons was first issued.</p> <p>3. Construction of Written Instruments — Parol Evidence. — Two written papers, one intended to qualify the other, must be construed together and by the language employed. There being no latent ambiguity, parol evidence of intention is inadmissible.</p> <p>4. Construction — Agricultural Liens. — Defendant for the purpose of cultivating his plantation A, and also, by his agent, his plantation B, not to exceed $10,000, pledged all of his property and all crops raised on said plantations, acknowledging the receipt of $1,900 on the B place, and declaring that all advances must be on his order. He subsequently authorized the orders of his agent to be honored in so far as the B interest may extend to crops there raised and stock, &e., there used. Held, that defendant intended to give a lien on all his property and all the crops raised on both plantations, to secure advances not exceeding $10,000.</p> <p>5. Equitable Mortgage — Description.—Thi