56 S.C. 558 | S.C. | 1900
March 14, 1900. The opinion of the Court was delivered by
This is the second appeal herein. The first question raised by the exceptions is whether his Honor erred in construing the former opinion in this case. The Circuit Judge ruled that the Supreme Court had decided that the rights of W.H. Jacobs in the land were contained in the deed to his wife. By reference to the former decision,
The practical question raised by the exceptions is whether the Circuit Judge committed error in refusing to allow the appellant to introduce parol testimony to establish his alleged interest in the hand. The admissibility of this evidence must be determined by keeping in view theallegations of the complaint. No fraud is alleged. The complaint does not allege such facts as show that the statute of frauds is involved, and, as in Carter v, Brown,
It is the judgment of this Court, that the order of the Circuit Court be affirmed.
MR. CHIEF JUSTICE McIVER concurs in result.
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