Summer v. Kelly
Supreme Court of South Carolina
Before Izlar, J., Fairfield, June, 1892. This ivas an action by W. P. Summer and Thomas Summer, partners as W. P. Summer & Co., against Bunyan B. Kelly and Mattie B. Kelly, commenced December 18, 1890, for the recovery of certain articles of personal property embraced in a chattel mortgage by defendants to plaintiffs, which matured November 1, 1890. At the time of commencing their action, plaintiffs claimed and acquired the possession of this property under tlieir…
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Before Izlar, J., Fairfield, June, 1892. This ivas an action by W. P. Summer and Thomas Summer, partners as W. P. Summer & Co., against Bunyan B. Kelly and Mattie B. Kelly, commenced December 18, 1890, for the recovery of certain articles of personal property embraced in a chattel mortgage by defendants to plaintiffs, which matured November 1, 1890. At the time of commencing their action, plaintiffs claimed and acquired the possession of this property under tlieir undertaking, as prescribed by law.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
Plaintiffs sought to recover certain specific articles of personal property from the defendants, under that form of action known as claim and delivery. By their complaint they alleged the ownership in themselves of the specific articles of personal property, and that the defendants wrongfully withheld the same from them in the usual form in such eases. The auswer of defendants was a denial of every allegation in the complaint. By consent, an order was made referring all the issues of law and fact to J. G. McCants, Esq. Before such…
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