McKnight v. Cooper

Citations

• 27 S.C. 92
• 2 S.E. 842
• 1887 S.C. LEXIS 100

Syllabus

<p>1. The court, in its discretion, may permit an amendment to a pleading, provided such amendment does not entirely change the nature of the action or defence.</p> <p>2. In action for the recovery of land, the defendant claimed the value of improvements erected by him thereon, alleging that he entered into possession under a purchase believed by him at the time to be in fee. After an oral demurrer to this claim, defendant was permitted by the Circuit Judge to amend his answer and allege that at the time both of purchase and of erecting the improvements he believed his title to be good in foe. Held, that the claim was for the value of improvements, and the amendment only alleged an additional fact in support of the same claim; and therefore the amendment was legitimate.</p>