Welsh v. Parish
Court of Appeals of South Carolina
Triedbefore Mr. Justice Huger, at Charleston — Spring Term, 1830. This was an issue ordered by the Court of Common Pleas, to try the right of property, as between the defendants and the plaintiff, in a certain brig, ed the Junietta. The facts of the casein « -,-j • were as. follows : The vessel in question belonged to one Patrick Usher, a merchant of Wilmington, in North Carolina, who had purchased her in August from the plaintiff, John Welsh, of Philadelphia.
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Triedbefore Mr. Justice Huger, at Charleston — Spring Term, 1830. This was an issue ordered by the Court of Common Pleas, to try the right of property, as between the defendants and the plaintiff, in a certain brig, ed the Junietta. The facts of the casein « -,-j • were as. follows : The vessel in question belonged to one Patrick Usher, a merchant of Wilmington, in North Carolina, who had purchased her in August from the plaintiff, John Welsh, of Philadelphia. The bill sale from the plaintiff to Patrick Usher, was not livered till March or April, 1826, in consequence Patrick Usher’s not…
1Opinion of the CourtJohnson, J.
The leading question in this case is, whether the Junietta belonged to the plaintiff or to Patrick Usher, at the time the defendants’ attachments were leviedupon her. The deed, or bill of sale, from William Usher, as attorney for Patrick Usher, was executed before the attachments were levksL— "But it is objected, for defendants, 1. That the power, under which William Usher acted, did not au-*160tborize him to sell the Junietta. 2. Supposing it did, that it is not well executed, he having done it in his own name, and not in the name of his principal.— The letter of attorney, from Patrick to…
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- Pieper v. ShahidSupreme Court of South Carolina · 1915