Pinson v. Puckett

Citations

• 35 S.C. 178
• 14 S.E. 393
• 1892 S.C. LEXIS 140

Syllabus

<p>1. Opening and Reply — Immaterial Averments. — Plaintiff sued on a decree in lier favor against defendant. The answer admitted the decree and pleaded payment. Held, that as plaintiff on the pleadings alone would have been entitled to a full recovery of her demand, the defendant was entitled to the opening and reply, notwithstanding his denial of the immaterial averment that he had recently promised to pay the debt.</p> <p>2. Construction of Record. — -Where a complaint is based upon a decree of the Probate Court, it is the duty of the judge and not the province of the jury to construe the record of that court; and, so construing, the judge properly held that the defendant having been charged in his settlement- of his testator’s estate with a note due by plaintiff to him as executor, and having paid the balance ascertained to be in his hands, that note became a debt of plaintiff to defendant.</p> <p>3. Payment by Exchange of Ci.aims. — If plaintiff exchanged a debt duo to her by defendant for a smaller debt due by her to defendant with the intent that this transfer should operate as satisfaction, the debts were discharged, and this question of intention was fairly submitted to the jury.</p> <p>4. Dealings Between Trustee and Cestui Que Trust. — This court will not, after the lapse of fifteen years, reopen a voluntary settlement between fiduciary and beneficiary advantageous to the fiduciary where the beneficiary who demands the reopening does not allege any imposition or want of full information ; particularly so whore a complete readjustment would not benefit the complainant.</p>