48 S.C. 183 | S.C. | 1897
The opinion of the Court was delivered by
The proceedings herein were commenced before a magistrate, on the 23d of March, 1896, to eject the defendant from the premises described in the notice, which, together with the order of his Honor, Judge Witherspoon, and appellant’s exceptions to said order, will be set out in the report of the case. The defendant, in his return to said notice to show cause, alleged that he was the owner in fee of 120 acres of said land, also raised the jurisdictional questions hereinafter mentioned.
On the 10th of December, 1869, F. M. Cooper purchased from J. B. Gray 400 acres of land in Daurens County, for which he received a deed of conveyance. On this deed appears the following endorsement: “For value received, I assign to S. Bobo, or his assigns, 256 acres of the within tract of land, the balance having been conveyed to F. Patterson. I have given my bond to S. T. Prior and H. G. Prior for title to the remainder when they pay the balance of $1,447.85, arid ten per cent, interest thereon; and if the same is paid by the 25th of December, then they are to have title to the land, otherwise the land is the property of S. Bobo or his assigns.. Witness my hand and seal, March 17th, 1875. F. M. Cooper. (Test.) Mark Cooper.”
H. G. Prior executed the following instrument of writing on the 12th of December, 1883: “$770. By the 4th of November next, I promise to pay Simpson Bobo or order $770, with interest at ten percent, from 4 November last, balance for the land whereon I live,-containing 170 acres, more or less. Now, if I fail to pay the above amount when due, I am to pay rent for the next year, 1884, one-third of all that is made on the premises, and give possession on demand. Value received, December 12th, 1883. H. G. Prior, (l. S.)” There were other transactions prior to this period, but they are not material in the consideration of the case.
Simpson Bobo died in 1885, leaving a will, the third clause of which is as follows: “3. The remainder of my estate I give to my wife during her life, and at her death
The case was heard by the magistrate, who, on the 20th of May, 1896, “adjudged that the warrant of ejectment do issue, and the defendant be dispossessed of the land and premises on which the defendant lives, and the plaintiff or his agent be put in possession of the same.” • Prior appealed from said judgment. The case was heard by his Honor, Judge Witherspoon, who dismissed the appeal;
Three jurisdictional questions are raised in this case: 1st. Was the magistrate without jurisdiction in the premises?
The locus in quo is very vaguely described, but perhaps sufficiently definite to have prevented a dismissal of the proceedings, if this h'ad been the only ground urged against it. As the case is disposed of on jitrisdictional grounds, the exceptions relative to the merits of the case will not be considered.
It is the judgment of this Court, that the order of the Circuit Court be reversed.