Davis v. Elmore

Citations

• 40 S.C. 533
• 19 S.E. 204
• 1894 S.C. LEXIS 182

Syllabus

<p>1. Location — Appeal.—A question of location may sometimes involve points of law, but where it depends wholly upon whether two adjoining landowners have agreed upon or acquiesced in a fixed line as a dividing line between them, it is a pure question of fact, which, in an action of trespass, is finally settled by the judgment of the Circuit. Court.</p> <p>2. An Exception alleging error in refusing certain requests to charge cannot be considered where it does not appear, except in the exception itself, what he was requested to charge, and it does appear that he did charge exceptions of the same numbering as correct, except as modified, with no suggestion by appellant of wherein the modifications were erroneous.</p> <p>3. Charging Juries — Immaterial Error. — Where plaintiff claims title to a tract of land and defendant denies it, but the whole controversy in the case turned upon the ownership of twenty acres thereof, it was immaterial error on the part of the trial judge in charging that the defendant did not deny plaintiff’s title to the remainder of the tract.</p> <p>4. Location — Issues.—Where the whole case turns on the location of a dividing- line between the heirs of A of the one part and a person under whom defendant claims of the other part, the terms of A’s will, and also a deed to defendant by one claiming under one of such heirs, made after action commenced, should be disregarded.</p> <p>5. An Exception containing a quotation from the charge to the jury, but pointing out no error therein, presents no question for consideration.</p> <p>6. Charging Juries — Appeal.—The statement by the judge to the jury of portions of the testimony is not error to be corrected by appeal.</p> <p>1. Ibid. — Facts.—There is no error in repeating the testimony to the jury, its force and effect not being commented on.</p> <p>8. Ibid. — 'Immaterial Error. — -Alleged error is immaterial where the verdict shows that it was not considered by the jury.</p> <p>9. Exceptions not consi