44 S.C. 546 | S.C. | 1895
The opinion of the court was delivered by
Josiah T. Yann died in 1894, leaving as his heirs at law, Sarah C. Yann, his widow, who is the plaintiff herein, A. R. Yann, his brother, and M. A. King, his' sister. Subsequently the said A. R. Yann and Mary A. King by deed conveyed to the said Sarah O. Yann all their right, title, and interest of, in, and to three tracts of land, all pertaining to the estate of Josiah T. Yann, one of which is the tractof
At the hearing below, appellant was offered as a witness to prove his parol agreement for the purchase of the premises with Josiah T. Vann, deceased; and also to prove that he had paid the said Josiah T. Vann in full for said premises. The presiding judge held this testimony incompetent, under section 400 of the Code. The charge of his honor, the presiding judge, and appellant’s exceptions will be incorporated in the report of the case. In considering the exceptions, we will follow the arrangement adopted by appellant’s attorneys in the argument.
It is the judgment of this court, that the judgment of the Circuit Court be affirmed.