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4 S.C.L. 468

Brown v. Davis

Supreme Court of South Carolina

Decided April 15, 1811

Supreme Court of South Carolina · decided 1811-04-15

Demurrer, determined by Bat, J., in Pendleton district, for the plaintiff. 'The case was this. The action was debt on a bond.

Decided 1811-04-15

¶1May 5th, 1811.

Waties, J.,

¶2delivered theopinion of the court. The award must be taken to have decided on the whole matter submitted ; and satisfaction must be implied. . The award performed will,bar any future claim by the plaintiff. The award is, that defendant shall give up to the plaintiff “ the two young ne-groes, &c.” This may be fairly construed to intend what is meant in the submission by the words “ some properly in dispute.” It cannot be fairly construed to mean any other property, because p,o other property is mentioned in the pleadings ; and the demurrer seems to admit that no other property was'submitted.

¶3Motion refused.

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