Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... from November 1842 to [May 1844] ... Both Inclusive, Volume 2A. S. Johnston, 1844 - Law reports, digests, etc |
From inside the book
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Page 9
... Honor ruled that there was no implied warranty , in a sale by the Ordinary , on which an action could be sus- tained , and therefore nonsuited the plaintiff . The plaintiff appealed , and moved to set aside the non- suit , upon the ...
... Honor ruled that there was no implied warranty , in a sale by the Ordinary , on which an action could be sus- tained , and therefore nonsuited the plaintiff . The plaintiff appealed , and moved to set aside the non- suit , upon the ...
Page 16
... Honor held that whilst there was unity of possession in David Bozeman , no right of way arose that the time since his death was insufficient to create the right ; and that no expression or necessary implication of a right conveyed by ...
... Honor held that whilst there was unity of possession in David Bozeman , no right of way arose that the time since his death was insufficient to create the right ; and that no expression or necessary implication of a right conveyed by ...
Page 24
... Honor erred in charging the jury that though the bill sued on had been given for the purchase money of land , yet the obligees might recover without a conveyance or tender of title on the part of the vendor . 2d . Because his Honor ...
... Honor erred in charging the jury that though the bill sued on had been given for the purchase money of land , yet the obligees might recover without a conveyance or tender of title on the part of the vendor . 2d . Because his Honor ...
Page 25
... Honor erred in charging the jury that the possession of the land by the defendant precluded him from setting up failure of consideration in not having received a good title to the land in an action on the bill given for the purchase ...
... Honor erred in charging the jury that the possession of the land by the defendant precluded him from setting up failure of consideration in not having received a good title to the land in an action on the bill given for the purchase ...
Page 44
... Honor Judge Evans , granting to the plaintiffs leave to amend their declaration , upon the grounds : 1. That it is contrary to law , and the practice of this court , after a cause had been three times on the docket , and upon being ...
... Honor Judge Evans , granting to the plaintiffs leave to amend their declaration , upon the grounds : 1. That it is contrary to law , and the practice of this court , after a cause had been three times on the docket , and upon being ...
Common terms and phrases
absent debtor action aforesaid alleged amount appeal assumpsit attachment attorney authority bail bank bill bond BUTLER charged the jury Charleston chose in action claim clerk commissioners common law concurred contract court Court of Equity covenant creditors Curia damages death debt declaration deed defendant defendant's discharge dollars endorsed entitled EVANS evidence execution executor fact fendant following grounds garnishee granted hardpan held indictment intended interest issue John judgment jurisdiction land liable mandamus ment mortgage motion negroes non-suit O'NEALL offence ordinance paid party payment person plaintiff plea plead possession presiding Judge Prison Bounds proof proved purchase question recover refused rent resident RICHARDSON Robert Cathcart rule sheriff shew slave sold South Carolina Stat statute suit term testator tiff tion tract trial try titles usury verdict vessel Waller WARDLAW William Mayrant witness words writ
Popular passages
Page 457 - America, to be paid to the said or his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.
Page 762 - ... no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land...
Page 291 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 309 - EL 144, sec. 5), which provides that the death of either party between verdict and judgment shall not be alleged for error, so as the judgment be entered within two terms after the verdict; nor within the act of April 15, 1814 (Sess.
Page 290 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Page 654 - Junior, his heirs and assigns, forever, and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend...
Page 291 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 481 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 320 - ... whereof the said plaintiff hath above thereof complained against him the said defendant; and this he the said defendant is ready to verify; wherefore he prays judgment, if the said plaintiff ought to have or maintain his aforesaid action thereof against him, &c.
Page 548 - Heuce it appears that the reason of the decision in these and other similar cases, besides the inequality of the damages, seems to be, that •where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or doing any thing for it.