Adams v. Holcombe

Decided December 15, 1824

Court of Appeals of South Carolina · decided 1824-12-15

Chancellor Desaussure. — This is a suit brought by complainant to be indemnified for the loss he has sustained on the purchase of a slave named Anthony, from John Evans now deceased. The complainant states, that the slave was conveyed to him by bill of sale, dated 8th April, 1818, but was recovered from him in an action at law, by John Cheatham, who claimed tinder a bill of sale made by Mrs. Evans, the wife of John Evans, and confirmed by him, before the sale to complainant.

Decided 1824-12-15

By the Court.

¶1We are of opinion that the decree of the circuit court is correct. The appellant however requests that the decree may be modified, that each of the defendants may be made liable in the first instance for a share of the demand in proportion to the amount received of John Evans; we think this equitable.

¶2It is therefore ordered and adjudged that the decree of the circuit court be affirmed. But that the resort shall be had in the first instance to each of the defendants according to the amount each received from John Evans; all to be ultimately liable. The commissioner to examine and report the proportions.

Chancellors Desaussure, Guillará, Waties, Thompson and-James, concurred.