47 S.C. 307 | S.C. | 1896
The opinion of the Court was delivered by
The allegations of the complaint herein are substantially as follows:
1. That during the year 1891 the defendant, Thomas Weir, received and took possession of the sum of $475.18, which was paid to him by Elijah Beam. 2. That the said Thomas Weir admitted having said sum of money in his possession, and admitted plaintiff’s ownership thereof, but positively and wrongfully refused, after demand, to deliver it to the plaintiff. 3. That the plaintiff is an old man, and the said defendant clained to be, and held himself out to the world, as plaintiff’s “managing agent;” but plaintiff avers that such claim is a mere pretense, without plaintiff’s knowledge or authority, and contrary to his wishes. 4. That on the 22d day of January, 1892, the said defendant for a consideration of $612.50, paid by the said defendant as “man
The defendants answered the complaint, denying the allegations thereof, except as admitted in the following defense interposed by them, to wit: 1. “That during the year 1891 the plaintiff divided his property among his children, with the purpose to secure to each of them a home, and they agreed to pay $20 each for his annual support. 2. That in pursuance of his said purpose he conveyed to his daughter, Mary E. Peay, nee Beam, a home place of 112 acres, more or less, and to secure a home for his daughter, Mary Jane Weir, nee Beam, the defendant, Thomas Weir, under the directions of the plaintiff, collected from Elijah Beam $300 and $176.18 (the last amount proceeds of rent cotton delivered to said Elijah Beam, for that purpose), and invested the same for the said Sarah Jane Weir in a tfact of land described in the complaint, following the special instructions of the plaintiff as to character of title.” The case was referred to J. C. Janies, Esq., as special referee, to take the testimony and report upon all the issues, both of law and fact.
Elijah Beam, a son of the plaintiff, Jesse Beam, in his testimony, says: “In 1891, my father made some arrangements with us about a division of his property; after talking over the matter for some time, .in which he said that he wanted to make the division so that he could make a living for himself and have one of his girls to take care of him, and his first idea was to give me and my sister at Dong Town $500 apiece, and give the 112 acre farm to my other sister, Mrs. Peay. The way he raised the $500 for me and
Thomas Weir, one of the defendants, in his testimony, says: “When Thompson finished writing the deed, he said to my uncle, ‘Now, when you get this title, the land will be yours, and you ought to pay the money;’ my uncle said, ‘I am to get the money from Mr. MacDonald;’ and then I spoke up and said, ‘There is no use giving a note, as I am to'manage tbe matter for mother, and I can trust you all for it.’.-* * * We decided to get this place from Cohen at the time of the original agreement. My grand-father understood we would buy this place from Cohen on the very day of the agreement. We did not buy the place until some time in January, for the reason that we could not see Mr. Cohen, and some time in December my grand-father forbid me spending the money for the land. I had made all arrangements to take this particular place (Cohen place) at
Elijah Halsell, in his testimony, says: “I told him (Jesse Beam) as soon as it (the rent) was ready, and he told me to take it to Mr. Elijah Beam and Mr. Thomas Weir, saying that all the business was in their hands. * * * I told- Mr. Beam the rent was ready about the latter part of November, that year.” " .
N. P. Varnadore says: “I was with Mr. Jesse Beam -when he gave the cotton to Thomas Weir; at that time (he said) that (he) had nothing more to do with it; that he, Thomas Weir, and Elijah Beam were in charge of it.”
At the close of plaintiff’s testimony, the defendants moved for a nonsuit.
The special referee filed his report (which will be set out in the report of the case), in which he recommended that the land be sold, and out of the proceeds the plaintiff be paid his $465. !
Numerous exceptions were filed by the defendants to the report of the special referee. His Honor, Judge Benet, heard the case upon exceptions to the report of the special referee, and ordered- that the report be confirmed and the exceptions overruled. His order then provided for a sale of the land and payment out of the proceeds of the amount claimed by the plaintiff. The defendants appealed to this Court upon numerous exceptions, which will be incorporated in the report of the case.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and the complaint dismissed.