Oswald v. King

Decided April 15, 1811

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

Trover, for a deed of conveyance of land, tried before Smith, J., in Lexington district. The declaration set forth the instrument of writing, for the conversion of which the action was brought; and at the trial, the plaintiff proved a demand and refusal. But it was objected to any evidence being given of the existence and contents of the deed, without proof of notice to the defendant to produce it at the trial. This objection was overruled.

Decided 1811-04-15

¶13d May, 1811.

Gkimke, J.,

¶2delivered the opinion of the court. That it was not necessary to give notice to the defendant to produce the deed. That if he could derive any advantage from it, he might have produced it himself. It was his own folly, or neglect, if he suffered by its non.production. The case of Cowans v. Abra-hams, 1 Esp. Rep., was for a bill of exchange. But even in that case, the decision does not appear reasonable. In a later case, Bucher v. Jarratt, 3 Bos. and P. 148, for a certificate of a ship’s register, notice to produce the instrument was not deemed necessary. It has not appeared that the damages are excessive.

¶3Motion rejected.