Reports of Cases Determined in the Constitutional Court of South Carolina, Volume 2S.C., Printed and published by D. Faust, state printer, pursuant to an act of Assembly of 1816, 1823 - Law reports, digests, etc |
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Page 25
... deed , the counsel for the motion , has , with his usual can- dour , admitted that the motion is founded rather on the views and wishes of his client , than his own judgment.- This mode of proceeding is consecrated by a usage of eighty ...
... deed , the counsel for the motion , has , with his usual can- dour , admitted that the motion is founded rather on the views and wishes of his client , than his own judgment.- This mode of proceeding is consecrated by a usage of eighty ...
Page 76
... deeds of the lands are in the hands of the defen- dant , that he had obtained the said conveyance from their father by ... deed belonging thereto , and also to account to them for the rents and pro- fits thereof from the death of their ...
... deeds of the lands are in the hands of the defen- dant , that he had obtained the said conveyance from their father by ... deed belonging thereto , and also to account to them for the rents and pro- fits thereof from the death of their ...
Page 80
... deeds were in the custody of the plaintiff himself . " An exception is made , conformable to the civil law , of one who is bona fide possessor , who shall not account . But this means , says Lord H. " where the person posses- sing is ...
... deeds were in the custody of the plaintiff himself . " An exception is made , conformable to the civil law , of one who is bona fide possessor , who shall not account . But this means , says Lord H. " where the person posses- sing is ...
Page 81
... deeds , their rights have been already established in this court , their legal remedy is a complicated one , and the possession of the defendant was obtained with a full knowledge of her claim . On all these grounds , then the ...
... deeds , their rights have been already established in this court , their legal remedy is a complicated one , and the possession of the defendant was obtained with a full knowledge of her claim . On all these grounds , then the ...
Page 140
... deed of the party , and delivery makes it his deed . Neither does proof of the hand - writing of a subscribing witness to a deed establish the fact of delivery . It is a deduction to be drawn from the evidence offered , whether the ...
... deed of the party , and delivery makes it his deed . Neither does proof of the hand - writing of a subscribing witness to a deed establish the fact of delivery . It is a deduction to be drawn from the evidence offered , whether the ...
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Reports of Cases Determined in the Constitutional Court of South-Carolina ... David James McCord No preview available - 2019 |
Common terms and phrases
ABRAHAM NOTT action admitted alleged appear assumpsit authority bail bill bond charge Charleston clause clerk common law concurred constitution contended contra contract Court of Equity creditors DANIEL ELLIOTT HUGER debt debtor declaration deed defendant defendant's delivered the opinion discharged district dollars duty entitled evidence execution fact fendant given granted ground hand-writing indictment indorser intended issue John judgment jurisdiction jury Justice Colcock delivered Justice Gantt Justice Huger Justice Johnson delivered Justice Nott delivered Justice Richardson delivered land Legislature liable McCord ment motion necessary negro objection offence paid parties Paul Trapier payment penalty person plaintiff plea possession presiding judge prison bounds prisoner promissory note proved purchaser question recover refused replevin rule security for costs sheriff shew sold statute statute of limitations testator tion trespass trial usury verdict void warranty Wilson witness words writ
Popular passages
Page 59 - That no man shall be taken or 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 judgment of his peers or the law of the land.
Page 349 - ... bombardiers, one drummer and one fifer ; the officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a...
Page 199 - a factor, dealing for a principal, but concealing that principal, delivers goods in his own name, the person contracting with him has a right to consider him to all intents and purposes as the principal ; and, though the real principal may appear and bring an action upon that contract against the purchaser of the goods, yet that purchaser may set off any claim he may have against the factor in answer to the demand of the principal. This has been long settled.
Page 253 - ... of and in the like estates as they have in the use, trust or confidence : and that the estate of the person so seised to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
Page 522 - ... or secured thereby, and remaining unsatisfied ; and such offender shall suffer such punishment as he or she should or might have done, if he or she had stolen other goods of the like value with the monies due on such orders, tallies, bonds, bills, warrants, debentures, or notes respectively, or secured thereby, and remaining unsatisfied ; any law to the contrary thereof in any wise used notwithstanding.
Page 255 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 180 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Page 60 - This method of collecting taxes is as well established by custom and usage as any principle of the common law. A similar practice prevailed in all the Colonies from the first dawn of their existence. It has been continued by all the States since their independence, and had existed in England from time immemorial. Indeed, it is necessary to the existence of every government, and is based upon the principle of self-preservation...
Page 396 - ... shall give his vote for election of members to serve in Parliament, such person shall lose and forfeit one full year's value of his real estate, and one full third part of his personal estate ; one moiety thereof to the Lord Protector, and the other moiety to him or them who shall sue for the same.
Page 62 - What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established. The constitution is certain and fixed ; it contains the permanent will of the people, and is the supreme law of the land ; it is paramount to the power of the Legislature, and can be revoked or altered only by the authority that made it.