Huff v. Latimer

Citations

• 33 S.C. 255
• 11 S.E. 758
• 1890 S.C. LEXIS 134

Syllabus

<p>1. In action by a tenant to recover personal property seized by the executors of the landowner for rent, which had been paid by plaintiff to one from whom he claimed to have leased the land, such person is not disqualified from testifying to communications and transactions with the deceased landowner, as he is not a party to the action nor interested in its result (plaintiff having acknowledged his tenancy to witness and paid rent), and as the action is not against the executors but against the defendants individually.</p> <p>2. It rests in the discretion of the trial judge to refuse to permit witnesses to be recalled to the stand for further cross-examination ; and where the purpose is on such recall to lay the foundation for a contradiction, and the judge refuses the application because counsel had neglected to lay such foundation at the proper time, although then reminded of the necessity of so doing, his discretion was properly exercised.</p> <p>3. Error cannot be imputed to the trial judge in refusing to entertain a motion for non-suit after defendant’s first witness had been sworn and partially examined, especially where no sufficient ground is suggested in support of a non-suit.</p> <p>4. Where rent is payable in a certain number of pounds of lint cotton, it is rent certain and is not “crops’’ which may be claimed by the executors as emblements.</p> <p>5. Rent not due at the time of the landlord’s death passes to the devisee of the landlord and not to the executor ; and this rule of the common law is not affected by the statute (Gen. Stat., § 1927) which gives to the executor as assets of the deceased the crops on the lands in the occupation of any person, who dies after March 1 in any year.</p>