Woolfolk v. Graniteville Manufacturing Co.

Citations

• 22 S.C. 332
• 1885 S.C. LEXIS 27

Syllabus

<p>1. Where an issue is ordered out of chancery,-the judge presiding at the trial of such issue cannot grant a non-suit, but must try the case and report back the result</p> <p>2. If error he committed on the trial of such an issue, the decree based on the verdict would be affected by this error, and subject to exception therefor.</p> <p>3. The rule admitting ancient deeds as evidence upon production and inspection, without further proof of execution, does not apply to copies, however old they may be.</p> <p>4. A deed cannot properly be recorded without proof of its execution, and if recorded without proper probate, the registry does not operate as notice of its existence.</p> <p>5. Under the registry laws of force in 1820, a deed executed in South Carolina, and proved before a magistrate in Georgia, was not properly probated, and its record did not operate as notice.</p> <p>6. Plaintiffs, claiming a moiety of a tract of land which defendant claimed in severalty, offered to show by an alleged copy-deed, that defendant acquired only a moiety of the land under their chain of title. Held, that the evidence so offered was not collateral to the matter at issue.</p>