Suber v. Chandler

Citations

• 36 S.C. 344
• 15 S.E. 426
• 1892 S.C. LEXIS 94

Syllabus

<p>1. Res Judicata — Evidence.—After order refusing permission to plaintiff to discontinue his action, in which the rights of other parties as assignees are involved, and the affirmance of such order on appeal, testimony of plaintiff offered by defendant for the purpose of procuring a discontinuance was properly excluded.</p> <p>2. Exceptions based upon a misapprehension of the trial judge’s ruling, overruled.</p> <p>3. Res Judicata- — -Evidence.—In action by judgment creditor to set aside a voluntary deed made by the judgment debtor, evidence attacking the consideration of' the debt upon which the judgment was rendered, is inadmissible.</p> <p>4. Deed — Consideration-—Marital Rights. — A deed made by a husband to his wife on the consideration of money inherited by the wife and received by the husband into his possession in 1867, was a voluntary deed under the law, prior to the Constitution of 1868, as to the marital rights of a husband.</p> <p>5. Evidence. — One of the plaintiffs, not having been sworn in behalf of plaintiffs, was introduced as a witness for the defence, and an affidavit, previously made by him, not contradictory of any statement of his, was read, and he was asked by the defendant’s counsel if that was his statement about the matter. The record disclosed the facL that this plaintiff had abandoned his co-plaintiff and was aiding the defendants. Held, that the witness should have been examined as to the facts, and that the testimony was incompetent in the form in which it was offered.</p> <p>6. Condition — Dower—Consideration.-—A voluntary deed by a husband to his wife was upon the condition that the grantee should not claim dower out of the estate granted or out of other lands previously granted by him to his children. Held, that the waiver of dower was no part of the consideration of this deed.</p> <p>7. Adverse Possession is an affirmative defence, which raises an issue of fact. Where a debtor made a voluntary deed to his wife and children, reserv