Vann v. Howle

Citations

• 44 S.C. 546
• 22 S.E. 735
• 1895 S.C. LEXIS 111

Syllabus

<p>1. Evidence — Deceased Party. — In action brought by a widow as heir at law of her intestate husband, and as alienee of the other heirs at law, to recover a tract of land claimed by defendant under a parol agreement to purchase made with intestate, the defendant is an incompetent witness as to communications and transactions between himself and deceased.</p> <p>2. Equitable Defence — Charging- Juries. — Where defendant, in action for the recovery of real property, claims under a parol contract to purchase and full performance on his part, his defence is equitable, and not a matter to be determined by the jury, and, therefore, the trial judge did not err in refusing requests to charge relating to this defence.</p> <p>3. Exceptions. — This court is not required to pass upon an exception which complains of error in a quoted portion of a charge without specification of the error.</p> <p>4. Ibid. — Harmless Error. — Where the judge charges that if certain testimony be true, when there was no such testimony, the error of the trial judge, if any, was harmless.-</p>