62 S.E. 868 | S.C. | 1908
November 16, 1908. The opinion of the Court was delivered by This was a summary proceeding in ejectment before a magistrate, under sec. 2423, Civil Code. The defendant made return, which admitted that legal title to the premises was in plaintiff, but denied that he was tenant of plaintiff, alleging that the relation between defendant and plaintiff was that of mortgagor and mortgagee; that defendant was in possession as equitable owner of the premises; and that, upon an accounting between them, defendant would owe plaintiff very little. Upon the evidence submitted the magistrate granted the writ of ejectment, holding that defendant was tenant of said premises, under plaintiff *463 as landlord, holding over after expiration of lease, after due notice to quit and demand for possession. On appeal by defendant to the Circuit Court, Judge Hydrick reversed the judgment of the magistrate and dismissed the proceedings, holding that the relation of mortgagor and mortgagee existed between defendant and plaintiff, and that the plaintiff must seek his relief in equity.
The facts as found by the Circuit Court are as follows: "The testimony shows that the defendant has been in possession of the land from which it is sought to eject him since 1876; that at one time he had the legal title to it, and mortgaged it to G.A. Norwood, who foreclosed his mortgage, and the land was sold by the master to one Seaborn, who bought and held the title for defendant under some arrangement, which does not appear; that on November 26, 1894, Seaborn, by consent and agreement between the defendant and R.A. Lewis Co., sold to them, who were to hold the title for the defendant, and they gave him a bond for title, and took his note for the purchase money. Subsequently, the other members of the firm of R.A. Lewis
Co. conveyed their interest in the land to R.A. Lewis. During all these transfers defendant continued in possession, paying the taxes, making some improvements, and treating the land as his own. These facts constitute the relation of mortgagor and mortgagee between the defendant and the plaintiff. Tant v. Guess,
"On December 9, 1903, the defendant surrendered to R. A. Lewis the bond for title which had been given him by R.A. Lewis Co., and gave R.A. Lewis a note, agreeing to pay him $100, as rent, for the place for the year 1904. Similar notes were given for the years 1905 and 1906. Having defaulted in his payments, the plaintiff gave him notice to quit, and, upon his refusal, instituted this proceeding to eject him."
There was no evidence whatever of any arrangement between Seaborn and defendant concerning the land; hence *464 it could not be said that there was any relation as mortgagor and mortgagee between defendant and Seaborn. R. A. Lewis Co. purchased from Seaborn, and received his deed for the land November 26, 1894, and on February 11, 1896, R.A. Lewis acquired the interests of the other members of the partnership of R.A. Lewis Co. On the day R.A. Lewis Co. received the deed from Seaborn they entered into a contract with defendant, binding themselves to sell the land to defendant on condition that he pay them $771, with interests, on December 1, 1895. This contract further stipulated that, in case of failure to meet such payment, defendant was to pay $195, as rent, for the year 1895, and a like sum for each year he may afterwards remain on or cultivate the land.
There was no evidence whatever of any relation existing at that time between plaintiff and defendant as to the land, except that defendant was in possession under the above contract. This circumstance, standing alone, would show a possession under contract of purchase, which would make defendant equitable owner of the property and prevent ejectment under summary proceedings. Carlisle v. Prior,
It is perfectly manifest that there is nothing in the testimony to support the finding of the Circuit Court that the relation of plaintiff and defendant as to the land was that of mortgagee and mortgagor, but that the only inference of which the evidence is susceptible is that defendant was *466
tenant of plaintiff. Swygert v. Goodwin,
It is true this Court has no jurisdiction to review the findings of fact by the Circuit Court on appeal from a magistrate's court; but the question presented here is one of law, whether upon the undisputed facts defendant was a tenant, holding over after the expiration of lease, within the meaning of sec. 2423. It was within the jurisdiction of the magistrate to determine that defendant was tenant, within the meaning of the statute, and we think he rendered the only judgment proper under the circumstances. Magistrates, under art. V, sec. 1 of the Constitution, have no jurisdiction in cases where the title to land is in question, or in cases in chancery; but the proof here made is insufficient to oust the magistrate of jurisdiction under sec. 2423.
The judgment of the Circuit Court is reversed, and the judgment of the magistrate's court is affirmed.