Carrigan v. Evans

Citations

• 31 S.C. 262
• 9 S.E. 852
• 1889 S.C. LEXIS 26

Syllabus

<p>1. An order discharging a rule because title to land was involved does not determine the issues and is not an adjudication on the merits.</p> <p>2. A purchaser at a foreclosure sale.brought action for partition against his co-purchaser and made the person in possession (who, as trustee of the mortgagor, was not a party to the foreclosure case) a party defendant. This defendant denied the right of plaintiff and his co-purchaser to possession or partition, and claimed legal title in himself as trustee. Held, that this raised a legal issue which must be tried by a jury on calendar 1, with the burden of proof on plaintiff and his co-purchaser before the question of partition could be determined. Reams v. Spann, 28 S. C., 530, approved.</p>