Stark v. Hopson

Citations

• 22 S.C. 42
• 1884 S.C. LEXIS 4

Syllabus

<p>1. In action by a widow for dower in the lands of her husband, especially in those sold during his life, she is not required, under the issue of non-seizin, to make strict proof of her husband’s title ; she may make out a prima facie case by the slightest and lowest order of evidence.</p> <p>2. It is error to strike out on motion testimony as incompetent under section 400 of the code, where such testimony had been previously given without objection.</p> <p>3. A probate judge struck out certain testimony as incompetent and decided the case without regarding it; the Circuit judge held the excluded testimony to be competent, but sustained the decree of the court below, after taking such testimony into his consideration. Held, that the Circuit judge erred; that he should have ordered a new trial, so that this testimony might be considered in the first instance by the probate judge.</p>