Calvert v. Nickles

Citations

• 26 S.C. 304
• 2 S.E. 116
• 1887 S.C. LEXIS 42

Syllabus

<p>1. The complaint alleged that defendant had received a deed oí conveyance from, the father of plaintiffs, the consideration in part being the agreement by defendant to pay to the plaintiffs the sum of ?100 each, and the judgment demanded was that defendant be decreed to perform his agreement and pay this money, and that this debt bo declared a lien on the land, and that the land be sold for its payment. Held, that it was purely an action at law for the recovery of money under contract. The prayer for relief does not give character to an action.</p> <p>2. This court has no jurisdiction to review findings of fact by the Circuit Court in actions at law.</p> <p>3. General exceptions not considered.</p> <p>4. Parol evidence is admissible to show the manner in which the consideration or purchase money expressed in a deed of conveyance is to be paid and to whom payable.</p> <p>5. After consenting to an order referring all the issues in a law case to the master and his report thereon, a party to the cause cannot demand a jury trial.</p> <p>6. And the Circuit Judge has the right to review and reverse the master’s findings of fact in such case.</p>