Scates v. Henderson

Citations

• 44 S.C. 548
• 22 S.E. 724
• 1895 S.C. LEXIS 107

Syllabus

<p>1. Location — Erroneous Description — Nonsuit.—An alleged erroneous boundary of a parcel of land will be rejected as surplusage where enough remains to identify the land with certainty; and if a description of the land is, in the main, applicable to two parcels, an issue of fact as to location is raised which must be submitted to the jury, to be determined by them in the light of the surrounding circumstances. It should not be passed upon under motion for nonsuit.</p> <p>2. Title to Land — -Common Source — Nonsuit.-—Error will not be declared in a refusal to grant a nonsuit for failure of plaintiffs to prove title to the land sued for, where plaintiffs proved title from A, and defendants after-wards proved that they also claimed under A.</p> <p>3. Ibid. — Mortgagee in Possession.- — A mortgagee does not establish title in himself from the mortgagor by proving that he was mortgagee in possession after condition broken.</p> <p>4. Privileged Communications — Waiver.—Objection to testimony of privileged communications is waived by submitting it to the witness to say whether the communications were privileged.</p>