Maner v. Wilson

Citations

• 16 S.C. 469
• 1882 S.C. LEXIS 20

Syllabus

<p>1. Whether a decree recommitting a report is intermediate and can be reviewed after a further decree upon the second report is not involved here, inasmuch as the first decree was filed in vacation and no Avritten notice of its filing was ever served upon these appellants.</p> <p>2. A mortgage stipulated for the payment of a sum of money, “ with interest at nineteen per cent., payable November 1st, next.” Held, that after November 1st, the debt bore interest, at seven per cent., even .though the debtor may have afterwards admitted his liability to pay the greater rate, or even promised to pay it.</p> <p>3. Under the act of 1866, (13 Stat. 318; Gen. Stat. ch. LV. % 5,) to continue-the higher rate after the obligation fell due, it was necessary that an agreement to that effect should appear in the original contract and in writing.</p> <p>4. A judgment bears interest at seven per cent, per annum, and no more can be collected by an assignee, the evidence showing an assignment and not an advance of money at a stipulated rate of interest to pay it off.</p> <p>5. A decree decided the principles upon which an accounting should be had and referred the case back for a statement of accounts and for further testimony upon certain specified matters. At reference held for such purposes, proof was offered of a note and tax receipt not discovered nor produced' before that time. Held, that the proof should have been received — the-business being still under consideration and unfinished, equity will not allow any newly-discovered matter of importance to be excluded for no-other reason than that it was not brought forward in the first instance.</p> <p>6. Under the circumstances of this case, items of the account disallowed by referee and allowed by the Circuit judge, were referred back for further-testimony.</p> <p>7. Parties taking wrongful possession of lands of another are liable to account for the rental value and not simply for the rents and profits received. But the latter may