Hobbs v. Beard

Citations

• 43 S.C. 370
• 21 S.E. 305
• 1895 S.C. LEXIS 172

Syllabus

<p>1. Evidence — Appeal Record. — Error cannot be imputed to the trial judge in excluding a letter from evidence as incompetent to prove the existence and contents of a lost deed, where the “Case” fails to furnish the letter or state its contents.</p> <p>2. Lost Deed. — Judse’s Discretion — Appeal.—Whether a deed has been lost, so that secondary evidence may be introduced to prove its contents, is a question addressed to the discretion of the trial judge, and not ordinarily reviewable on appeal.</p> <p>3. Lost Deed — Record—Proof.—Where the trial judge is satisfied that a deed has been lost, that it was recorded and that the records had been destroyed by fire, he should admit the testimony of a witness who had read it on the records, to prove its existence and contents, if that is the best evidence attainable. Notice of such testimony is not a prerequisite to its introduction, as it is, under the statute, where a certified copy of the record is relied on.</p> <p>4. The Declarations op a Grantor After Conveyance made and possession surrendered, as to the title of her grantee, is inadmissible against parties claiming under such grantee.</p> <p>5. Recovery of Land — Nonsuit.—Where plaintiffs prove that an intestate was in possession of land for over twenty years, and that they are heirs at law of such intestate, they cannot be nonsuited in their action to recover this land, though claiming in their complaint as remaindermen under deed from this intestate. If this right has been defeated by defendant’s possession for the necessary length of time, that is a matter to be shown in defence.</p> <p>6. Exceptions to a charge not considered which would require an examination of the entire charge, where the case has to go back for a new trial on other grounds, nor where based upon objections not made on Circuit.</p>