Peeples & Peeples v. Warren

Citations

• 51 S.C. 560
• 29 S.E. 659
• 1898 S.C. LEXIS 45

Syllabus

<p>1. Raw Case — The Findings of Fact by a Circuit Judge in a law case submitted to him by consent are final.</p> <p>2. Appeae — Personae Property. — Whether personal property has been delivered is a mixed question of law and fact, and this Court has no jurisdiction to review a finding on this point, unless the Circuit Judge was influenced or controlled in such finding by error of law.</p> <p>3. Estoppel. — Defendant not estopped under the facts in this case from setting up title in himself.</p> <p>4. Notice to attorney is notice to client.</p> <p>5. Personal Property. — Whether the delivery of a part of a mass of property is delivery of wholg depends on the intention of the parties and is a question of fact.</p> <p>6. Evidence. — In proving a parol contract verbal reference may be made to a mortgage not in controversy without producing it or accounting for its loss.</p> <p>7. Exception too general.</p>