Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South Carolina: Since the RevolutionI. Riley. For sale by E. Morford, Willington & Company Charleston; Seymour & Williams, Savannah; Lewis Adams, Richmond; Cole & Thomas, Baltimore; P. Byrne, Philadelphia; R. M'Dermut, and S. Gould, New-York; John West, & Company Boston; Daniel Johnson, Portland, 1809 - Law reports, digests, etc |
From inside the book
Results 1-5 of 43
Page 2
... grant this motion . Black . Rep . 514. It was very much a matter of course in civil cases ; and if so in matters of pro- perty , the rule would , a fortiori , hold much stronger in ca- pital cases affecting a man's life . GRIMKE , J ...
... grant this motion . Black . Rep . 514. It was very much a matter of course in civil cases ; and if so in matters of pro- perty , the rule would , a fortiori , hold much stronger in ca- pital cases affecting a man's life . GRIMKE , J ...
Page 24
... grant a instalments , goods to and after- wards negoti ated as a cash in payment , may return against the cash contract . new trial . It appeared that the plaintiff Mounier , had sold the defendant , to the amount of about 281 ...
... grant a instalments , goods to and after- wards negoti ated as a cash in payment , may return against the cash contract . new trial . It appeared that the plaintiff Mounier , had sold the defendant , to the amount of about 281 ...
Page 26
... grant or Murphy , who devised the lands to him . He had no grant deed , which may have to produce , either from North - Carolina or this state , ( the destroyed by premises lying between the old and lately established boun- dent ...
... grant or Murphy , who devised the lands to him . He had no grant deed , which may have to produce , either from North - Carolina or this state , ( the destroyed by premises lying between the old and lately established boun- dent ...
Page 27
... grant for it . As to the will , if the crown had never parted with its right , it could not give a title to the defendant . PENDLETON , J. refused to permit the defendant to go in- to any proof of possession against a grant , under the ...
... grant for it . As to the will , if the crown had never parted with its right , it could not give a title to the defendant . PENDLETON , J. refused to permit the defendant to go in- to any proof of possession against a grant , under the ...
Page 28
... grant , by length of possession , and the will of Murphy , the defendant's grandfather . And in support of the motion , it was argued , that by the act of as- sembly , passed in 1712 , a quiet and uninterrupted posses- sion for five ...
... grant , by length of possession , and the will of Murphy , the defendant's grandfather . And in support of the motion , it was argued , that by the act of as- sembly , passed in 1712 , a quiet and uninterrupted posses- sion for five ...
Other editions - View all
Common terms and phrases
act of assembly action admitted affidavit afterwards appeared assignment assumpsit bail bill of exchange bond Charleston chose in action clause commissioners common law contended contract counsel counterfeit county court court of wardens covenant creditors damages debt debtor deed defendant defendant's discount district dower drawer entitled evidence execution Executors fraud give given GRIMKE ground hands heirs Heyward indictment indorsement insolvent intention judges judgment jurisdiction jury justice Kennedy land legislature levy liable Lord Mansfield ment mortgage motion negotiable negroes Ninety-six District obligation obligor offence opinion original paid party passed payable payment person Pinckney plaintiff pleaded present principles Pringle prisoner promissory notes proved purchase question reason recover rule Rutledge scire facias sheriff shew sold South-Carolina statute statute of Anne statute of frauds suit Term testator thing tion tract trial trover usurious verdict void warranty WATIES witnesses words
Popular passages
Page 151 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Page 406 - Courts of equity from the earliest times thought the doctrine too absurd for them to adopt ; and, therefore, they always acted in direct contradiction to it. And we shall soon see that courts of law also altered their language on the subject very much.
Page 76 - No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Page 175 - A fair voluntary conveyance may be good against creditors, notwithstanding its being voluntary. The circumstance of a man being indebted at the time of his making a voluntary conveyance, is an argument of fraud. The question, therefore, in every case is, whether the act done is a bona fide transaction, or whether it is a trick and contrivance to defeat creditors.
Page 98 - We are, therefore, bound to give such construction to this enacting clause of the Act of 1788, as will be consistent with justice and the dictates of natural reason, though contrary to the strict letter of the law...
Page 507 - If the thing of which she is endowed be divisible, her dower must be set out by metes and bounds ; but if it be indivisible, she must be endowed specially ; as of the third presentation to a church, the third toll-dish of a mill, the third part of the profits of an office, the third sheaf of tithe, and the like (e).
Page 60 - So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action for the use and hire of the horse will lie against the executor.
Page 98 - In the present instance, we have an act before us, which, were the strict letter of it applied to the case of the present claimants, would be evidently against common reason. But we would not do the legislature who passed this act so much injustice as to sit here and say that it was their intention to make a forfeiture ot property brought in here as this was.