43 S.C.L. 515
Supreme Court of South Carolina
Decided December 15, 1855
Supreme Court of South Carolina · decided 1855-12-15
BEFORE O’NEALL, J., AT YORK, FALL TERM, 1854. The report of his Honor, the presiding Judge, is as follows :. “ This was an action on the bond of the defendant, given for the purchase-money of a negro woman and her son, sold for partition, under the decree of the Court of Equity. “ The defence was the unsoundness of the woman.
Decided 1855-12-15
¶1We concur generally in the reasoning employed in this dissenting opinion. We are quite content, however, that a rule is established — and only fear that its practical operation may disclose more inconveniences than the rule of eaveat emptor, applied to Commissioners’ sales.
¶2Motion refused.