Hammett v. Farmer

Citations

• 26 S.C. 566
• 2 S.E. 507
• 1887 S.C. LEXIS 76

Syllabus

<p>1. In action for the recovery of a tract of land, where the only matter in dispute is the location of land sold by the sheriff, evidence of payments made to the parties to the execution and of the other disposition of the proceeds of sale, is immaterial and therefore harmless.</p> <p>2. Entries by the sheriff made upon separate slips of paper and attached to an execution are parts of the record, as much so as if endorsed on the execution; and therefore are admissible in evidence with the execution.</p> <p>3. Defendants claimed title under an execution which had been amended, Held, that an affidavit used in opposition to such amendment was not a part of the record and was not admissible as evidence in this action against the defendants.</p> <p>4. The Circuit Judge, in his statements of the testimony to the jury in this case, did not charge upon the facts.</p> <p>5. Alleged errors in the charge upon immaterial matters raise only abstract questions, which need not be considered.</p> <p>' 6. When the sheriff-levies upon land of the defendant in execution, whose land is composed of several contiguous tracts, and the sheriff’s deed will apply as well to one of these original tracts as to the whole consolidated tract, the boundaries of the levy and sale are a question of location for the jui'y. What the sheriff oughl to have done is immaterial. The law does not raise a presumption that the tract most nearly corresponding to the number of acres sold, was the tract levied upon.</p> <p>7. A purchaser at sheriff’s sale under execution against several parties, brought action for recovery against T., one of them, the others having abandoned the possession to the purchaser. In action by some of the parties so abandoning, to recover this land, the Circuit Judge did not err in admitting the record of the action against T. as evidence to show the location of the land sold by the sheriff. Mr. Justice McIver dissenting.</p>