Sally v. Sandifer

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This case was tried before Mr. Justice Johnson, ' at Orangeburgh, at October Term, 18 ¡7, and nm . . . _ _ t t -i was this. Ihe plaintiff’s intestate had sold and x conveyed to the defendant’s intestate a tract of _ _ _ ,• it. • land, and the defendant’s intestate had in consi7 deration given to him two promissory notes, for . * the recovery of which this action is brought.

Decided 1818-05-15

¶1 *446The opinion of the Court was delivered by-

Mr. Justice Johnson.

¶2I think now, as I did on the trial below, that the land having vested in the defendant’s intestate by the conveyance to him, it would not re-i vest except by deed. And I moreover think that I erred in not expressing this opinion to the Jury in more decided terms than I did. I am, therefore, of opinion that a new trial ought to be granted. The land vested in the defendant’s intestate by the conveyance from the plaintiff’s intestate, and the only contract relied upon to re-vest it in the plaintiff’s intestate, was by parol, which is clearly void.

GrimJcé, Colcock, JYott, Cheves, and Gantt, J-concurred.