McNair v. Moore

• Decision Date: 21 February 1905
• Citation: 50 S.E. 197,70 S.C. 551
• Parties: McNAIR et al. v. MOORE et al.
• Court: South Carolina Supreme Court

50 S.E. 197

70 S.C. 551

McNAIR et al. v. MOORE et al.

Supreme Court of South Carolina

February 21, 1905

Appeal from Common Pleas Circuit Court of Darlington County Townsend, Judge.

Action by S. P. McNair and others against J. W. Moore and others. From the decree, both parties appeal. Modified.

Geo. W Brown and Stevenson & Matheson, for plaintiffs. Woods & McFarlan, for defendants.

GARY A. J.

This is the second time this case has been before the Supreme Court on appeal. The former decision is reported in 64 S.C. 82, 41 S.E. 829, and, in order to fully understand the facts relating to the present appeal, it will be necessary to refer to the case as there reported.

On the former appeal the case was remanded to the circuit court with instructions to ascertain the value of J. W. Moore's equitable interest in the land at the time of the transfer thereof to Julia C. Moore, and to subject said land to the claim of the plaintiff, only to the extent which the value of the equitable interest exceeded $1,000, the value of his right of homestead. It was referred to the master to report upon these facts, and the concluding part of his report is as follows:

"I think the preponderance of the testimony shows that the land was, in 1892, at the time of the transfer, worth $8 an acre, which made the place worth $4,240. Therefore the value of the equitable interest of John W. Moore at that time was worth $2,440.07. I arrive at it in this way:

Amount paid by John W. Moore	$1,638 69
Amount paid by Julia C. Moore ........................................	1,208 79
	---------
Total amount ......................................................	$2,847 48
John W. Moore's fractional interest of the whole is $1,638.69; $2,847.48 multiplied by 4,240--1, equals ..........................	$2,440 07
Deduct therefrom the value of John W. Moore's homestead ..............	1,000 00
	---------
Will leave ........................................................	$1,440 07

Therefore I recommend that the interest of John W. Moore, to the extent of $1,440.07, be sold on sales day in June, or some convenient sales day thereafter, for cash, and, after deducting the costs and expenses of this action, the balance be applied to the payment of the judgments against John W. Moore, according to their respective priorities, and the surplus, if any, be paid over to John W. Moore."

His honor the circuit judge concurred in the master's finding of fact that the value of the land in 1892 was $4,240.

The first question raised by the exceptions is whether the value placed upon the land was excessive. The presumption is in favor of the finding of fact by the circuit...