Reports of Cases Argued and Determined in the Court of Appeals and Court of Errors of South-Carolina, on Appeals from the Courts of Law, Volume 2Walker & Burke, printers, 1848 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 14
... defendant's conduct was declared to be un- lawful , and I thought it best to consider this basis sufficient for the ... defendant would render the whole clause utterly nugatory . And I supposed it wiser and safer , in view of a ...
... defendant's conduct was declared to be un- lawful , and I thought it best to consider this basis sufficient for the ... defendant would render the whole clause utterly nugatory . And I supposed it wiser and safer , in view of a ...
Page 25
... defendant's possession and title from Ayers , beginning in 1843. The defence also supposed it a fraud upon the defendant in reviving the plaintiff's judg- ment against the administrator of Markley - more than twenty years after it had ...
... defendant's possession and title from Ayers , beginning in 1843. The defence also supposed it a fraud upon the defendant in reviving the plaintiff's judg- ment against the administrator of Markley - more than twenty years after it had ...
Page 26
... defendant's own right , the defend- ant under it could hold no more of the land than he actually occupied . But as the location and extent had not been de- fined , I could perceive no way of getting rid of this difficulty , nor how that ...
... defendant's own right , the defend- ant under it could hold no more of the land than he actually occupied . But as the location and extent had not been de- fined , I could perceive no way of getting rid of this difficulty , nor how that ...
Page 29
... defendant's title by possession must be re- stricted to his pedis possessio or actual occupancy . I do not see any reason for this inference . A possession of a part , with color of title , which means any thing which clearly de- fines ...
... defendant's title by possession must be re- stricted to his pedis possessio or actual occupancy . I do not see any reason for this inference . A possession of a part , with color of title , which means any thing which clearly de- fines ...
Page 37
... defendant's counsel , and I know not why it should be exceptionable , if done under such a lead . Twine's case was referred to in be- half of defendant , and I said the case of Smith and Henry was enough for me on that subject . I said ...
... defendant's counsel , and I know not why it should be exceptionable , if done under such a lead . Twine's case was referred to in be- half of defendant , and I said the case of Smith and Henry was enough for me on that subject . I said ...
Common terms and phrases
action administration alleged assignment assumpsit attorney bail Bank Belk bond C. M. Gray charging the jury Charleston chose in action Circuit Judge claim Coggeshall Commissioners common law concurred Constitution contract cotton Court of Equity creditors debt declaration deed defendant defendant's delivered the opinion demurrer discharge entitled EVANS evidence execution executor F. A. Schroder fact fendant fraud Freeholders FROST grant ground of appeal held Hilliard Honor erred indictment issue John judgment jurors Justice land Legislature liable Magistrates ment Motion dismissed negroes non-suit O'NEALL offence paid party payment person plaintiff plea plead possession presiding Judge presumption Prison Bounds proceeding proof proved purchaser question receipt recover refused RICHARDSON rule Sheriff slave Smith sold Sollee Stat statute Statute of Limitations sued testator tiff tion trespass trial trial by jury try title verdict void WARDLAW wife WITHERS witness writ
Popular passages
Page 509 - State to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 526 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience...
Page 522 - State, ordain, determine and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this State to all mankind; provided that the liberty of conscience hereby granted shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State.
Page 77 - ... is apt to lead one, a principle of malevolence to particulars ; for the law, by the term malice, malitia, in this instance, meaneth that the fact hath been attended with such circumstances as are the ordinary symptoms of a wicked heart regardless of social duty, and fatally bent upon mischief.
Page 261 - ... the party had his freedom of exercising his will, which this man had not: we must take it he paid the money relying on his legal remedy to get it back again.
Page 334 - 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 370 - And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
Page 554 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Page 367 - ... nor lend them unlawfully to any ; he shall not commit fornication nor contract matrimony within the said term...
Page 369 - Nor haunt alehouses, taverns, or play-houses : But in all things behave himself as a faithful apprentice ought to do, during the said term.