40 S.C. 457 | S.C. | 1894
The opinion of the court was delivered by
This action was commenced by the plaintiff, against the three defendants first named, on the 15th March, 1889; but by an order of Judge Wallace, dated 15th April, 1889, the last named three defendants were also made parties. The action coming on to be heard before Judge Aldrich, at the September term, 1890, of the Court of Common Pleas for Aiken County, two special issues were framed and submitted to the jury: 1. What interest, if any, does the plaintiff own in the land described in the complaint? 2. Is the plaintiff estopped by his conduct, from claiming any title which he may have had to the land in dispute? To the first issue the jury responded, “We find for plaintiff one-half undivided interest.” Tothesecond issue the jury responded, “No.”
Thereupon, Judge Aldrich, with the consent of all the parties to the action, passed an order referring the action to W. Q. Davis, Esq., to take the testimony on all the issues except those of title and estoppel, and report such testimony to the court, and by this order the stenographer was required to report to the court all the testimony taken in the trial of the issues by the jury. All this testimony was presented to Judge Wallace, who heard the cause at the September term, 1891, and he filed his decree on the 10th October, 1891, as follows: “* * * I find that the plaintiff, from the testimony in the case, is es-topped from claiming any interest iu the land described in the complaint-, and that the complaint cannot stand. It is, therefore, ordered, that the complaint be dismissed with costs ; that the injunction heretofore granted against the defendant, George
The defendants, George Washington, for himself, and J. H. Beckman and J. H. Powell, for themselves, also gave notice in connection with the appeal. Washington gave notice that in the event the Supreme Court should reverse the decree of Judge Wallace, he will insist that such court should direct a foreclosure of the mortgage from Caesar Williams and Sanders Williams to J. H. Beckman. Beckman and Powell gave notice that they would urge, first, that Judge Wallace erred in not decreeing a foreclosure of the mortgages held by them respectively, executed by George Washington ; and, second, in case of a reversal of Judge Wallace's decree by this court, that the old mortgage of Caesar and Sanders Williams to J. H. Beckman should be foreclosed in favor of George Washington, and they should be paid what George Washington owes them respectively from the proceeds of such foreclosure of said mortgage.
Should this poor man be held down to an estoppel by his conduct under these circumstances? We cannot think so. The judge was in error, and his decree must be reversed. How can a Court of Equity repress its indignation at such a cruel advantage being taken of a poor, ignorant, and helpless man by
We will now examine the points of difficulty suggested by the notices of the defendants.
It is ordered, that the decree of Judge Wallace be reversed, and that the action be remanded to the Circuit Court, with directions that the principles herein announced be embodied in the decree of the Circuit Court hereafter to he formulated.