Weaver v. Whilden

Citations

• 33 S.C. 190
• 11 S.E. 686
• 1890 S.C. LEXIS 118

Syllabus

<p>1. In action for the recovery of real property, defendant denied that plaintiff had title. Plaintiff offered testimony to establish his title from a common source by pi’oving the signatures of the maker and witnesses to a deed of conveyance and acknowledgment of tenancy. Defendant offered testimony to show that the alleged signatures were not genuine. Held, that there was no such distinct defence interposed here as to which plaintiff could introduce testimony in reply, oven though incidentally cumulative, and the refusal of the trial judge to permit testimony in reply to the disputed signatures was not legal error.</p> <p>2. It is not error to disallow evidence of witnesses who are not familiar with handwriting, to establish the genuineness of a disputed signature by a comparison of handwriting.</p> <p>3. Under the denial of plaintiffs' title the burden of proof was upon them throughout the whole case.</p>