Kottman v. Ayer
Court of Appeals of South Carolina
Before O’Neall, J. at Barnwell, Fall Term, 1847. The special verdict, with the order of judgment for the defendant, is all the report necessary in this case. >Special Verdict. We of the jury find, That the land in dispute was the estate of the wife of the plaintiff; that on the 12th of February, 1835 — she then being the wife of one Higgenbottom, joined her said husband in the conveyance of the said land to one Mary Carr, by a deed regularly executed.
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Before O’Neall, J. at Barnwell, Fall Term, 1847. The special verdict, with the order of judgment for the defendant, is all the report necessary in this case. >Special Verdict. We of the jury find, That the land in dispute was the estate of the wife of the plaintiff; that on the 12th of February, 1835 — she then being the wife of one Higgenbottom, joined her said husband in the conveyance of the said land to one Mary Carr, by a deed regularly executed. That more than seven days thereafter, to wit, on the 24th day of February, 1835, she went before one George W. Collins, acting as justice of…
1Opinion of the CourtEvans, J.
The substantial difference between this case and the case of McBee v. Hoke, is, that in that case Borum the-Coroner was entitled to hold over until a successor should be appointed and enter on the duties of his office. In this case, the tenure of office is four years.. This might have been sufficient for the decision of that case; but the Judge who delivered the opinion of the Court does not rest the case upon that ground alone, but assumes the broad ground that Borum being found in an office, of which he had been the incumbent many years, the plaintiffs had a right to regard him as Coroner,…
2Cases cited4 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Powers v. LockwoodNew York Supreme Court · 1812
3Cited by1 opinion
- State v. GriffinCourt of Appeals of South Carolina · 2015