Heyward v. Farmers' Mining Co.

Citations

• 42 S.C. 138
• 19 S.E. 963
• 1894 S.C. LEXIS 6

Syllabus

<p>1. Title to Land — Trial.-—-In action to recover damages for trespass on land, and to enjoin further trespass, the complaint alleged that plaintiff was in possession and seized in fee. These allegations being denied, an issue of title was raised which was triable on the law side of the court.</p> <p>2. Ibid. — Ibid.—Pendency of Another Action. — The legal issue thus raised should have been docketed on Calendar 1 for trial by jury, and an order for another action to settle this issue was unnecessary. But such order having been passed, another action instituted, and no notice taken in such second action of defendant’s plea of another action pending, error will not be declared in the failure to sustain defendant’s plea where there was no evidence before the trial judge of the pendency of the former action, and no exception alleging error in the failure to pa'ss upon it.</p> <p>3. Law Case — Facts—Appeal.—In a law case tried by the judge with consent of the parties, the findings of fact in the Circuit Court cannot be reviewed on appeal.</p> <p>4. Deed — Seal.—A deed imperfect only for want of a seal will be regarded as a valid deed, where the seal was accidentally omitted.</p> <p>5. Color of Title.- — In action for the recovery of real property, deeds and other papers, and possession thereunder, may be relied upon as color of title, where they show the extent of the occupant’s claim.</p> <p>6. Recovery of Real Property — Proof of Title — State as Party. — The plaintiff having alleged that he was seized in fee, and the defendant having denied it, and the Circuit Judge having ordered a trial to determine the question of title, the plaintiff could not recover on proof of prior possession only, but was required to prove his title, especially so as the State was defendant.</p> <p>7. State — Presumption—Change of Period. — No presumption of a grant arose against the State prior to 1870, when, by the Code of Procedure, a grant would be presumed in such case after a lapse of