50 S.C. 218 | S.C. | 1897
The opinion of the Court was delivered by
This is an action originally instituted against the late I. G. McKissick and John H. Kelly to recover the amount of a bid made by the said McKissick for a tract of land, when it was offered for sale as the property of one Joseph Kelly by the plaintiff, under an execution issued to enforce a judgment in favor of Junius R. Page and others against the said Joseph Kelly and others. On the motion of the original defendants, the plaintiff was required to elect against which of the two original defendants he would proceed; and he elected to proceed against the said I. G. McKissick, and he dying intestate soon after, the defendant named in the title of this case was substituted as his administrator.
The case came on for trial before his Honor, Judge Ernest Gary, and a jury, and resulted in a judgment in favor of the plaintiff. From that judgment defendant appeals upon the several grounds set out in the record. For a full understanding of the points made by the appeal it will be necessary for the reporter to set out in his report of the case a copy of the charge of the Circuit Judge, together with the exceptions. We do not propose to consider the several exceptions, seventeen in number, seriatim, but, on the contrary, will take up the several questions which are presented by the exceptions.