Copeland v. Young

Citations

• 21 S.C. 275
• 1884 S.C. LEXIS 92

Syllabus

<p>1. No appeal lies to this court from the findings of fact by a Circuit judge in a case involving a purely legal demand,''triable by jury, but improper conclusions of law from such findings, and mere errors of calculation may be here corrected.</p> <p>2. Where A advanced money at the request of B to redeem lands of B held by a purchaser at tax-sale, and A, to secure this debt, took deed to himself from such purchaser, A may bring action against B to recover the amount so advanced, without a tender to B of such title as he (A) had.</p> <p>. 3. If an unsuccessful action to recover land could, in any case, be proper ground to sustain a suit for damages, that, as also interference with defendant’s possession of such land, would be torts, and could not be set up as counter-claims to an action on contract. .</p> <p>4. Plaintiff brought action against two defendants, who set up as a counter-claim money due to them for the use and occupation of land which was held by them as tenants’in common. Plaintiff having recovered judgment against only one of the defendants, held, that the counter-claim was a joint demand of defendants, and could not be set up against the debt due by only one of them to the plaintiff.</p> <p>5. The court cannot adjudicate the title to'land, where such title is not put in issue and is not within the scope of the pleadings.</p> <p>6. Mere inadvertences and errors of calculation in the Circuit judgment, corrected.</p>