9 S.C. 271 | S.C. | 1878
The opinion of the Court was delivered by
This case was originally commenced in the Court of Probate for the purpose of having a certain tract of land
It was at one time doubted whether this Court, in a case like the present, had the power to order such an issue; but an examination of the authorities leaves us without doubt on this point. In the case of Sullivan vs. Thomas, (3 S. C., 545,) where the powers of the present Supreme Court, as conferred by the Constitution of 1868, “ in cases of chancery ” were discussed and defined, the following language is used: “The jurisdiction and powers of this Court are as full as those of the late Court of Appeals and Court of Errors as it regards cases of chancery.” Hence, if it can be made to appear that the power in question was possessed by the late Court of Appeals, all doubt must be removed. In Sinclair and Kiddle vs. Administrators of Price, (1 Hill Ch., 431,) the ques
It is, therefore, ordered that the judgment of the Circuit Court be set aside and that this case be remanded to the Circuit Court for Kershaw County in order that an issue may be framed and submitted-to a jury to try the question as to the delivery of the paper purporting to be a deed conveying the land in question from A. D. Jones, Sr., to James G. Jones, and that all motions or questions arising upon the verdict be originally heard in the Circuit Court.