Smythe v. Tolbert

Citations

• 22 S.C. 133
• 1885 S.C. LEXIS 4

Syllabus

<p>1. In action for recovery of land, plaintiff need not trace his title back beyond a common source; when it is not admitted in the pleadings that both parties do claim under such common source, it is then a question of fact to be determined by the evidence. Martin v. Ranlett, 5 Rich., 541, recognized and followed.</p> <p>% Declarations by defendant that he claimed title under S. (a common source) were admissible in evidence against him. ...</p> <p>3. The admission of incompetent testimony that could not have affected the result, is not sufficient ground for reversing the judgment.</p>