Volume 36 — South Carolina Law Reports

The defendants were indicted under the Statute 4 and 5 P. and M. C. 8, for the abduction of a woman child, Lucy Jane, the daughter of Jonathan Crankfield the prosecutor. Some of the grounds taken in arrest of judgment, question the form of the indictment. It will be seen that there are four counts, all charging abduction against the will of the father, and those which charge marriage, charging it to have been against the will and without the knowledge of the father.

Before Evans, J. at Fairfield, Spring Term, 1850. In the lifetime ot Austin F. Peay, he and David Aiken were the sureties of one Nathaniel Ford, to John Kirkpatrick & Co. on a bond for upwards of $3000. After the death of Peay, a judgment was recovered against Ford and Aiken, as survivors.

Before Evans, J. at Fairfield, Spring Term, 1850. This was a sum', pro. to recover a balance due for house rent. The facts were these. The defendant was the tenant of a house belonging to the estate of Robert Catheart, by lease in'writing, under seal, at the- annual rent of $200 per annum. The plaintiffs were the administrators of R. Cath-eart, -and had filed a bill in -the Court of Equity, for the sale of the real éstate.

Before Frost, J. at Newberry, Fall Term, 1849. The defendants were indicted under the Act of 1841, for unlawfully whipping the slaves of David Rikart. Held: that such an assembly was not of the character which the Act of 1839 authorizes the patrol to disperse and punish, so that the defendants were not protected by the patrol warrant, under which they assumed to act. The jury returned a verdict of guilty.

Before O’Neall, J. at Abbeville, Fall Term, 1849. This was an action on the case, for disturbance of the right of Perry. The plaintiff was the owner of Swansey’s Ferry; two-thirds in his own right, under the charter granted in 1846, and one-third by virtue of a purchase from J. W. H. Johnson, to whom, with himself, the charter had been granted for ten years.

Before Evans, J. at York, Spring Term, 1850. This was an application for a writ of Certiorari to correct the errors of a court of magistrates and freeholders, assembled under the Acts of 1812 and 1817; cause was shown from which the following facts appeared — that for the year 1848, James Biggers, the landlord, rented to William Steuart a plantation, at the rent of $40.

Before O’Neall, J., at Abbeville, Fall Term, 1849. This was an action of debt on a judgment in Georgia. Held: that the exemplification of judgment offered in evidence ivas sufficiently certified, and admitted the same to prove the existence of such record in Georgia. 2. Because the certificate of the supposed Justices was made on a paper attached by wafers to the exemplification, and did not seem to be a part thereof. 3.

Before Wardlaw, J., at York, November, 1849. Case for overflowing plaintiff's land, by erecting a dam across Beaver Creek, in defendant's land. Plea 1. The general issue. 2. Parol license granted by-Joseph Edwin M’Kenzie, vendor of the plaintiff, when he was owner of the-land now overflowed.

Before O’Neall, J., at Laurens, Nov. Extra Term, 1849. In this case the plaintiff brought an action for money had and received. Held: and so instructed the jury, 1st. That the action of indebitatus as-sumpsit, for money had and received, would lie to recover costs, to which the plaintiff was legally entitled, and which had been, in fact, received by the defendant. 2d. That the defendant could not successfully allege in his defence, that he had paid executions…

Before Frost, J. at Fairfield, Extra Term, July, 1849. The plaintiff brought this action of trover for three negroes, claimed as a gift by the defendant, whose daughter the plaintiff had married. They were married the 8th January, 1846. About a month or six weeks after, a witness for the plaintiff saw the negroes going to the plaintiff’s in a wagon of defendant’s. They were taken away from the plaintiff’s residence on the night of the 26th February, 1848.

Before Withers, J., at Spartanburgh, March Term, 1850. The notes of evidence hereto appended will show the testimony, and constitute a response to so many of the grounds of appeal as relate to the proof. This defendant was indicted for an affray, by order of the Judge presiding, when a fight took place between him and one Bettes, the latter of whom had pleaded guilty at a former term.

Before Wardlaw, X, at Newberry, March, 1850. REPORT OF THE CIRCUIT COURT. The defendant was indicted for forgery. At a previous term, the bill had been found by the Grand Jury, and he had been arraigned and admitted to bail. At this term, he was placed in the dock, and all the forms of a trial for felony, in the course of which he challenged, peremptorily, seventeen jurors) were gone through without objection.

before Withers, J. at Barnwell, Extra ■Term, Jany. 1850. The action was in trover, for a parcel of Shoes, of various kinds, a quantity of Wrapping Paper, and a matted Trunk. The value at prime cost, of the articles, according to the proof, was from thirty to forty dollars. The plaintiff carried on traffic, as a shopkeeper, within thirty miles of Blackville, on the Rail Road. The business was transacted through an agent. Defendant lived in the vicinity of the shop.

<p>The note was made payable to one as “ guardian,” for the hire of the slave of his ward; held, that the legal title to the note was in the guardian, and at his death, although he died insolvent, it devolved on- his administrator to whom the money belonged', unless some right'could be Shown by the plaintiff (the ward and her husband) to receive it in opposition to him.</p>

Before Withers, J., at Laurens, Spring Term, 1850. This was an action of trespass to try title. The grounds of appeal will be answered by the following statement: It was in evidence for the plaintiff, that o,n the 28th Oct., 1826, one Molly Stevens conveyed the locus in quo to James Glover: that Molly Stevens had occupied the land so conveyed, from 14 to 16 years. No other actual possession, occupation or use of the land in dispute, was proved on the part of the plaintiff.

<p>The sheriff’s jailor, who, it appeared, had occasionally served process, but who was neither employed by him as a regular deputy, nor considered as such by others, bid off, at a sale by the sheriff, in the name of another, a lot of land for which he had previously bargained with the defendant in execution, at a stipulated price, independent of what it might bring at sheriff’s sale. After-wards being, or appearing -to be, unable to raise the purchase money, he directed the party whose name had been entered as purchaser on the saffs book, to make titles to the sheriff, who had agreed to take the bargain and pay the price agreed upon. The jury, with proper instructions, found the sale “null and void,” under the 59th Section of the Sheriff's Act of 1839, and the Court sustained their verdict.</p>

Before Evans, J., at Darlington, Fall Term, 1849. The prosecutor, Elias Sansbury, proved that, as he was going home from Church, on foot, he heard a great noise behind him ; that Truett had passed him, and was about twenty yards ahead of him, when the noise began, and immediately got off his horse, and stood in the road; that Lewis M’Len-don came up, at half speed, on horseback, flourishing a stick.

Before Frost, J., at Chesterfield, Spring Term, 1850. John Linton .had, at a former term, been convicted for trading with a slave, and not appearing to receive sentence, it was sealed up and deposited with the clerk. The recognizance for his‘■appearance was taken in the sum of three hundred dollars, and the sureties thereto, upon his not appearing to receiv;e sentence, paid the same to the Commissioners of Public Buildings for Chesterfield District.

Before Wardlaw, X, at Columbia, March, 1850. The prisoner was indicted for the murder of Joshua Hammond, by stabbing him with a knife in the right breast. The deceased was the father of the prisoner. The deceased was about fifty years old; had a wife and several children, to wit, the prisoner, about twenty-two years old, á daughter, Ann, about sixteen, and some younger ones.

Before Evans, J., at York, Spring Term, 1850. The plaintiff was the mother of an illegitimate child, called David Austin, but generally David McCreight. By indenture, dated the 9th September, the plaintiff bound her said son to the intestate David McCreight, to learn the mystery of farming until he was twenty one years of age, which would be on the 17th of December,' 1844.

Before Wardlaw, J. at Union, October, 1849. Assumpsit on a joint and several promissory' note for $1500, dated 22d February, 1847, payable twelve months after date, to the order of W. M. Bobo, purporting to be signed “ W. M. Bobo, C. D. Bobo, principals; B. B. Foster, W. B. Murphy, John A. Metz, B. G. Rice, sureties,’’ endorsed in blank by W. M. Bobo. Counts, endorsee against maker, money had and received, and special agreement.

Before Frost, J., at Marion, Spring Term, 1850. In this case, a summons in dower had been served on the defendants, to which they made no'return. The demandant filed a declaration in dower, pursuant to the form in Chitty’s Pleadings. The defendants filed a general demurrer, and verbally stated the causes of demurrer to be, that, in the declaration, the seizin of the husband and deforcement of the demandant were not alleged.

Before Evans, J., at Darlington, Fall Term, 1849.- This was an actioii of assumpsit or covenant, on a contract for the price of building a house. The contract specified,. with great minuteness, every thing to be done. On the comp]et-ori qje the plaintiff was to receive $1100, and l^e father sum of $500 at the end of one year, and $500 at the end of two years. The action was brought before the last payment was due.

Before Frost, J., at Marion, Spring Term, 1850. This was an action on the case to recover the value of one hundred and sixty-nine bales of cotton, which the plaintiff shipped aboard the Steamer Richland, the defendant being' owner and master, and which- had been destroyed' by fire, 1 The Richland left Cheraw for. Charleston, taking in Cotton at the landings along the river. The plaintiff’s cotton was taken from his landing.

Before Frost, J., at Columbia, June, 1849. Kinsler and McGregor failed in July 1848, and made an assignment to John Kinsler, by whom this action was brought in their names. Pope had an account against Kinsler for $65,20, and one against McGregor for $9;05. He claimed to set these off against the plaintiffs’ demand.

Before Evans, J., at Fairfield, Spring Term, 1850. The plaintiffs were the administrators of Robert Cathcart, and, as such, sold the personal estate of the deceased. At this sale the defendant, was the highest bidder for a family of negroes. Yongue acted as auctioneer, and one Stevens, as clerk.

Before O’Neall, J. at Laurens, Extra Term, Nov’r. 1849. This was a sum. pro. brought to recover the money paid by the plaintiff as surety for the defendant. The plaintiff was the defendant’s . surety on a note of hand given for the purchase of ’a horse. The defendant is a' mere shade above idiocy, and clearly incapable of making a contract. He has a large estate, consisting of a plantation'and negroes, vested by his father’s will in a trustee, for his use.

<p>A verdict finding for the plaintiffs their undivided distributive portions of the land in dispute, described in a certain re-survey plat, bearing a certain date &c. is too vague, indefinite and uncertain for a judgment of the Court to be rendered upon it.</p> <p>Under a declaration claiming the whole, tire verdict may be general, and must ascertain by its own terms, or by reference to the declaration or plat, the land recovered; or the verdict may find a part only, and it shall then specify and describe such part; and if it be for an undivided share, such share shall be specified either by the number of acres, or as an aliquot part of the whole.</p>

Before Richardson, J., at Edgefield, Spring Term, 1850. This was an action of trespass to try titles. Theland claimed by the plaintiff was.described in the declaration in this case, as containing “two hundred and eighteen acres, more or less, situate in the District and State aforesaid, on a branch of Wilson’s Creek, on the Anderson road, adjoining lands of said plaintiff, Daniel Proctor, Temple Hargrove and H. H. Mays.” The defendant relied upon the plea of former recovery.

Before Withers, j. at Edgefield, Spring Term, 1850. Held: that since such assignments were authorized by the Act of 1828, and since the interests of( assignees had, in several forms, been recognized by Courts of Law, the case ought to turn upon the inquiry whether, when the arrangement was made with Tibbetts to settle these accounts by payment of so much on Harriet Brown’s judgment, Weaver…

Before Wardlaw, J., at Kershaw, March, 1850. This was a motion by the plaintiffs for an order to set aside the entry of satisfaction which had been made on the fi.fa. in this case, and to authorize them to have further execution. It was admitted that all the facts which are stated, as proved in the case of Bartlett v. Jones, should be taken as true.

Before Evans, J., at Marlborough, Fall Term, 1849. SUM. PRO. It appeared, from the evidence, that one Dorus Cook was indebted to Cook and Sutherland, in the sum of ninety-three dollars and eighty cents, with interest and costs, for which an execution was lodged in the sheriff’s office. Cook was the owner of a horse, which was bound by a Ji.fa. This horse he swapped to Dixon for another. Dixon swapped the horse to the plaintiff.

Before Withers, J., at Edgefield, Spring Term, 1850. This action was in assumpsit, and founded on a note executed by the defendants for $721 64, dated January 1st., 1846, due one day after date, and payable to the plaintiff, as administratrix of Hugh M. Quarles, deceased. The defence was usury. The evidence was derived from W. B. Brannon, one of the defendants.

Before Richardson, J., at Sumter, Fall lerm, 1849. Rule on the clerk of the Court, to show cause why he has not indexed the journals of the Courts of sessions and common pleas for Sumter District, during his term of office,. The clerk appeared and showed for cause, that he was not required by law, nor had it ever been the custom in his office, to index the said journals. The Circuit Judge sustained the return of the Clerk and discharged the rule.

Before Withers, J., at Latirens, Spring Term, 1850. The plaintiff declared upon a bail bond ; defendant demurred generally to the declaration; plaintiff’s counsel admitted the demurrer to be well-founded, but moved for leave to amend his declaration, upon paying the costs of the demurrer. The motion was granted.

Before Evans, J., at Marlborough, Fall Term, 1849. INDICTMENT FOR SWINDLING. The facts of the case were these: The defendant passed what purported to be a bill issued by some Rail Road and Banking Company in Mississippi, in payment for flour and other articles purchased from the prosecutors, (one Henly) and others. They were wagoners, from North Carolina.

Before Wardlaw, J., at Laurens, March, 1849. This was an action on the official bond of the defendant, late sheriff of Laurens District, whose term of office expired 10th February, 1845, and whose successor in office was John Hudgens. The breach of duty imputed to the defendant, was a neglect to turn over to his successor the books and papers, which, by the 7th sect, of the sheriff’s Act of 1839, he was required.to turn over.

Before Wardlaw, J., at Union, October, 1849. Held: that if a plantation was given to James K. he would, in a distribution under the statute, be held to account for the value of the plantation; but if money to buy a plantation was given to him, he would account for the money only.

Before Wardlaw, J., at Kershaw, March, 1850. Case for wrongfully keeping a dog that bit the plaintiff. The first count alleged that the dog was accustomed to bite mankind; the second, that he was of a ferocious and mischievous disposition — both counts alleged the scienter of defendant.

Before Evans, J., at Lancaster, Spring Term, 1850. This case having been sent back for a new trial, was again tried at Spring Term, 1850, with the same result, a verdict for the plaintiff. The facts stated in the former report, were again proved at this trial, with much additional evidence to establish the indebtedness and insolvency of John Ingram. In 1840, one John E. Ingram obtained a judgment against John Ingram, for $1353 40.

Before Frost, J., at Newberry, Fall Term, 1849. This was an appeal from the Ordinary. The testator resided and died in Lexington district. By his will, he directed that it should be proved in Newberry district, and that his executor should account to the Ordinary of that district. He left a widow and an infant son, who is yet a minor. The widow filed her consent to the probate of the will in New-berry district, where it was proved in common form.

Before Wardlaw, J., at Columbia, March, 1850. Assumpsit cn an unnegotiable promissary note, brought in the name of the payee, although the note was assigned to R. P. Mayrant. Copy note. — “ Columbia, Nov. 1846. At the races in Columbia, 1847,1 promise to pay M. A. Thom $100. R. C. Myers.” Endorsed — “ I assign the within note to R. P. Mayrant, 10 Feb. 1847. M. A. Thom.” Discount. — Two notes of M. A. Thorn, viz : 1.

Before Withers, J. at Laurens, March, 1850. This was an action in trover, whereby the plaintiff sought to recover the value of a family of negroes, and their hire. The claim was against the legatee of one Alexander Phil-son, and was founded upon an alleged gift by the testator in his lifetime, to wit: — in August, 1841, before his death, in November of the same year.' The pleas were the general issue and the statute of limitations.

Before O’Neall, J., at Spartanburg, Fall Term, 1849. The defendant was indicted for obstructing two streets. A number of lots were laid off by Thomas Poole, Esq., deceased, in a piece of thirty-eight acres of land, west of and adjoining the village of Spartanburg. He designated the streets. After his death, his executor, John Poole, and the agent of his devisee, William Poole, marked more particularly the lots and streets.

Before Frost, J., at Newberry, Fall Term, 1849. A motion was made to amend the declaration in this case, which was an action for slander, by adding new counts. The defendant's attorney contended that, if leave was granted, the subjects of the additional counts should be restricted to the slanderous words charged in the declaration, as originally filed ; so that counts on other slanderous words should not be admitted.

<p>Where, in an action of trespass to try title, the Court thought the finding of the jury more conformable to the rules of location as applied to the facts of the case, than any other which they could prescribe, they refused to set aside the verdict.</p> <p>The end arrived at by all the rules of location, is to establish for the plaintiff in an action to try the title, the lines run or described in the grant he produces, when such a muniment of title is produced elder and therefore paramount, so far as the evidence may permit, and no law or adverse proof may overrule; but when a plaintiff comes into Court with a grant and plat, which, though older, is surrounded by obscurity, arising either from the fact, that the surveyor platted by description or from any other carelessness, he is not entitled to demand that the Court shall push to a fanciful extent, or strain inordinately the idea, sometimes indulged, that the elder grant is to he more favorably located.</p>