McLure v. Lancaster

Citations

• 24 S.C. 273
• 1886 S.C. LEXIS 34

Syllabus

<p>1. The object of exceptions in a case at law is to bring up some distinct-principle or question of law claimed to have been violated by the Circuit Judge, and to present it in a distinct and tangible .form, so that it may be reviewed by this court.</p> <p>2. As to any property acquired by a married woman by gift, grant, devise,, inheritance, or otherwise, there may be dealings between herself and her husband as if she were discovert.</p> <p>3. A gift from wife to husband may be inferred from circumstances, such as the use and appropriation by him for a series of years, the wife having knowledge and not objecting; the presumption in such a case being stronger between husband and wife than between strangers. Thus, where a wife permitted her husband to manage her property, receive the profits and issues, and expend the surplus without question for ten years, the judge properly left to the jury the question of gift of these profits and issues.</p> <p>. If there had been no such gift, the recovery of rents was limited, under the plea of the statute, to the six years next before action brought, measured by the condition of the property at the time the husband assumed the charge.</p>