Lyons v. Holmes
Supreme Court of South Carolina
Before Townsend, J., at Richland, January Term, 1879. This was an action to recover a lot of land in the city of Columbia, formerly the property of Sarah Hane, a free woman of color. Plaintiff was devisee of Henry Lyons, and in support of his title offered in evidence a deed bearing date June 5th, 1855,, conveying the lot to Henry Lyons in consideration of $500. The deed was signed “Sarah + Hane,” and the names of I. D. Mordecai and C. S. Bedell were signed as witnesses.
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Before Townsend, J., at Richland, January Term, 1879. This was an action to recover a lot of land in the city of Columbia, formerly the property of Sarah Hane, a free woman of color. Plaintiff was devisee of Henry Lyons, and in support of his title offered in evidence a deed bearing date June 5th, 1855,, conveying the lot to Henry Lyons in consideration of $500. The deed was signed “Sarah + Hane,” and the names of I. D. Mordecai and C. S. Bedell were signed as witnesses. A probate by Mordecai and a certificate of record by the register of mesne conveyance for Richland county,* both bearing…
1Opinion of the Court
The opinion of the court was delivered by
McIver, A. J.
The question in this case is whether the testimony offered by the plaintiff to prove the execution of a deed from Sarah Hane to the plaintiff’s testator, Henry Lyons, was sufficient to allow the case to go to the jury. The Circuit judge, not regarding the testimony as sufficient, non-suited the plaintiff, and upon that error is assigned. The deed in question purports to have been signed by Sarah Hane with a -f- mark, in the presence of two subscribing witnesses, both of whom were dead at *433the time of trial. It bears date June 5th, 1855, and…
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