37 S.C. 489 | S.C. | 1892
The opinion of the court was delivered by
The facts of this case are so fully and so clearly stated in the Circuit decree of his honor, Judge Izlar, and his conclusions, both of law and fact, are so satisfactorily vindicated by the reasoning which he employs and the authorities which he cites, that we may well adopt his decree as the opinion of this court, in conformity to a practice quite common in the former Court of Equity in its palmiest days. In deference, however, to the zeal, earnestness, and ability with which this appeal has been pressed, without undertaking to make any statement of the facts, or going into a discussion of the legal principles, which would involve a mere' repetition of what has been so well said in the Circuit decree, which will be incorporated in the report of this case, we propose to consider the points in which it has been assailed by the grounds of appeal, which should likewise be incorporated in the report of the case. These grounds have been condensed, in appellant’s argument here, into three points: 1st. That his honor erred in holding that the equity of the plaintiff could only be parted with by a conveyance or a foreclosure and sale, whereas, he should have held that such equity could have been, and was, waived by the giving of the leases to Rodgers and the lease to the defendant. 2d. That there was error in holding that defendant had notice of the equity of plaintiff by reason of his possession, when that possession was explained by the leases executed by plaintiff to Rodgers. 3d. That there was error in holding that the lease from defendant to the plaintiff was unfairly obtained, when the defendant was cut off by his honor from introducing further testimony as to this point, thereby indicating that the defendant had sufficiently established the contrary.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.