Connor v. Edwards

Citations

• 36 S.C. 563
• 15 S.E. 706
• 1892 S.C. LEXIS 111

Syllabus

<p>1. Practice — Trial—Appeal.—After hearing testimony in an action brought for recovery of real property, the trial judge adjudged that a deed from defendant, under -which plaintiff claimed, was intended to operate as a mortgage. The case was thereupon withdrawn from the jury and referred to the .master to ascertain the amount of the debt due. The testimony upon which these conclusions were based not being printed in the “Case,” held, that error in these rulings could not be declared.</p> <p>2. Reference. — Report.—It having been referred to the master to ascertain the amount due on a mortgage, and no effort made at the time to enlarge the scope of the reference, and the master having reported that the mortgage was void for fraud, the Circuit Judge properly recommitted the report with instructions to make a further report upon the only matter that'had been referred.</p> <p>3. Exceptions not considered, because too general.</p> <p>4. Married Women — Mortgage.—A mortgage made in February, 1882, by a married woman of her separate estate to secure a debt due by her husband was authorized by the then existing statute, and was valid and binding.</p>