4 S.C.L. 466
Supreme Court of South Carolina
Decided April 15, 1811
Supreme Court of South Carolina · decided 1811-04-15
Trespass to try titles, tried before Bax, J., in Abbeville district. Plaintiff provéd an original grant, of the land in question, to his father-in-law, Mark, and a conveyance by deed from Mark to himself. The defendant was allowed to give evidence of certain declara, tions made by Mark m presence of the plaintiff, that he had sold the land to one Williamson, of Charleston, and had made a conveyance to Williamson of the same, who had paid the consideration money.
Decided 1811-04-15
¶1Per curiam. May 3d, 1811,
¶2delivered the opinion of the court. No proof was offered of the existence of a deed to Williamson, according to the rules of law. The title of William, son, if the defendant relied on it, should have been proven by the best evidence the nature of the case admitted of. But this did not appear. No evidence was given, or offered, to prove why the deed to Williamson was not produced, if in fact it ever existed.
¶3New trial refused.