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 100
Page iii
... sold for partition by Commissioner in Equity- Payment to the husband of the wife's interest by the purchaser , a distributee , before sale - His release of , afterwards , in lifetime of the wife , there being no order for dis- tribution ...
... sold for partition by Commissioner in Equity- Payment to the husband of the wife's interest by the purchaser , a distributee , before sale - His release of , afterwards , in lifetime of the wife , there being no order for dis- tribution ...
Page 5
... sold it in market . But it is contended , that it might have been indirectly discounted against the claim of the defendant , for the use and occupation of the land . If this were the case , the defendant could , indirectly , be ...
... sold it in market . But it is contended , that it might have been indirectly discounted against the claim of the defendant , for the use and occupation of the land . If this were the case , the defendant could , indirectly , be ...
Page 9
... sold under an order of the Ordinary for partition , paid the money , and received a deed containing no warranty . The land was recovered from the purchaser by title paramount , the money still re- maining in the hands of the Ordinary ...
... sold under an order of the Ordinary for partition , paid the money , and received a deed containing no warranty . The land was recovered from the purchaser by title paramount , the money still re- maining in the hands of the Ordinary ...
Page 12
... sold as an es- tray . On the circuit , Bay , J. admitted evidence that the mare was unsound , and decreed for the defendants . There was an appeal , on the ground that the plaintiffs were pub- lic agents , and there was no implied ...
... sold as an es- tray . On the circuit , Bay , J. admitted evidence that the mare was unsound , and decreed for the defendants . There was an appeal , on the ground that the plaintiffs were pub- lic agents , and there was no implied ...
Page 15
... sold to the plaintiff ; C. that next the highway , through which the way ran , made a lane , and sold to defend- ant , who , after permitting the lane to remain open for some time , closed it up entirely , after which plaintiff brought ...
... sold to the plaintiff ; C. that next the highway , through which the way ran , made a lane , and sold to defend- ant , who , after permitting the lane to remain open for some time , closed it up entirely , after which plaintiff brought ...
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.