45 S.C. 571 | S.C. | 1896
The opinion of the Court was delivered by
This is an action for the recovery of a small lot of land in the town of Peake, S. C. The plaintiff claims under a devise in the last will and testament of Adam Stoudmire, who died about the year 1864. Testimony was introduced to show that the said will was destroyed by fire, in the year 1865, when the court house at Lexington was burned. The plaintiff offered in evidence what she claimed was a copy of said will, which is now on file in the office of the judge of probate for Lexington County, but which was rejected. No certificate was attached to this alleged copy. A copy which belonged to one of the executors, now deceased, and at this time in the possession of the surviving executor, was also offered by the plaintiff, and was admitted in evidence.
The exceptions of the appellants are as follows:
“1. Because his Honor allowed the witness, J. W. Stoudmire, to testify as to the contents of the alleged ■ will of • Adam Stoudmire, without sufficient proof as to the. probate and loss of said will.
“2. Because his Honor admitted the alleged copy of the will of Adam Stoudmire in evidence, without sufficient proof that it was a correct copy of said will, and without sufficient proof of the probate and loss or destruction of the original will.
“8. Because his Honor instructed the jury to the effect, that if they believed the testimony offered by the plaintiff*573 as to the execution and probate of the alleged will of Adam Stoudmire, and as to its loss, and that the paper offered in evidence was a copy thereof, they should find for the plaintiff the possession of the land in dispute, basing his ruling as to the sufficiency of plaintiff’s title upon the alleged copy of the will of Adam Stoudmire, which had been admitted in evidence.”
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.