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
Results 1-5 of 86
Page iii
... Executors of Teague , 260. ( Will - Testamentary capaci- ty - undue influence - New trial . ) McBee vs. Hoke et al ... Executor de son tort . ] Sherman vs. Fair , 647. [ Insurance . ] Simmons vs. Watson , 97. [ Ordinary - Mandamus to ...
... Executors of Teague , 260. ( Will - Testamentary capaci- ty - undue influence - New trial . ) McBee vs. Hoke et al ... Executor de son tort . ] Sherman vs. Fair , 647. [ Insurance . ] Simmons vs. Watson , 97. [ Ordinary - Mandamus to ...
Page 34
... executor of H. T. Cantey . 1. Money levied in execution by the Sheriff , upon fieri facias , and in his hands , is not the subject of attachment . ( * ) Before WARDLAW , J. at Kershaw , Spring Term , 1843 . This was a rule upon the ...
... executor of H. T. Cantey . 1. Money levied in execution by the Sheriff , upon fieri facias , and in his hands , is not the subject of attachment . ( * ) Before WARDLAW , J. at Kershaw , Spring Term , 1843 . This was a rule upon the ...
Page 38
... executors delivered their several legacies to the children . On the 23d . August , 1832 , Wil- liam , in consideration of $ 300 , executed an absolute title of Lydia , then ten or eleven years old , with warranty , to the defendant ...
... executors delivered their several legacies to the children . On the 23d . August , 1832 , Wil- liam , in consideration of $ 300 , executed an absolute title of Lydia , then ten or eleven years old , with warranty , to the defendant ...
Page 97
... executor ac- cording to its tenor , had revoked the grant of administration and committed to him letters testamentary . 5. There being no executor , held that the order granting administration was improperly revoked , and that mandamus ...
... executor ac- cording to its tenor , had revoked the grant of administration and committed to him letters testamentary . 5. There being no executor , held that the order granting administration was improperly revoked , and that mandamus ...
Page 98
... executor , and if not , whether mandamus would lie in behalf of the relatrix to obtain the administration . The following is the decision of his Honor on the circuit : " The first point necessary to be considered in this case is ...
... executor , and if not , whether mandamus would lie in behalf of the relatrix to obtain the administration . The following is the decision of his Honor on the circuit : " The first point necessary to be considered in this case is ...
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.