Watkins v. Lang

Citations

• 17 S.C. 13
• 1882 S.C. LEXIS 39

Syllabus

<p>1. A bond payable “ in three equal annual instalments from this date, with; interest payable annually until the whole be paid, — that is, one third Nov. 10, 1866; one other third with 'the like interest Nov. 10, 1867;- and the other third with the interest Nov. 10; 1868,” — draws annual interest on the several instalments after maturity as well as before.</p> <p>2. Wright v. Barnes, 10 Rich. Bq. 682, recognized and followed.</p> <p>8. The interpretation given by the circuit judge to a very obscure credit; endorsed upon a bond, sustained.</p> <p>4. This court will not ordinarily interfere with the discretion of the circuit judge in recommitting a report to a referee, in whole or in part, for further investigation. The judge may confirm the report as to' some of its findings of fact, and as to others recommit it for further, testimony and report.</p> <p>5. A trustee cannot introduce the book entries of her deceased attorney, to prove that rents were not received from the trust property during certain years.</p> <p>6. Where a lady trustee produced the tax receipts for all the years of her ■ trust save one, and there was no proof that the taxes for that one year-were not paid, and the attorney who had attended to all her business being dead, the circuit judge committed no error in presuming pay- • ment by her of the taxes for that year.</p>