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8 S.C. Eq. 430

Heilbron v. Bissell

Court of Appeals of South Carolina

Decided April 15, 1831

Court of Appeals of South Carolina · decided 1831-04-15

This was a bill for an account, and was heard at Charleston, in May, 1830, by Harper, Chancellor, from whose decree the case will be fully… Held: that although the party making payments may appropriate them as he pleases, or the appropriation may be inferred from circumstances, yet if he fails-to do so, the creditor may appropriate afterwards. The same doctrine is recognized in Newmarch v. Clay, 14 East, 239; and in Kirby v. the Duke of Marlborough, 2 Maulé & Selw. 18.

Decided 1831-04-15

Harper, J.Johnson, J., and O’Neall, J., concurred.

¶1*436From this decree the complainant appealed ; sed per Curiam, *437The decree of the Chancellor is affirmed, for the von. sons given, and the motion to reverse it is dismissed.

¶2Decree affirmed.

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