Executors of Evans v. Rogers
Supreme Court of South Carolina
This was an action of trover, brought by the executors of John Evans against the defendant, Rogers, for a nego woman named Rose. It appeared in evidence, by the the testimony of Mr. Blister, that this woman, in virtue of a fi.fa. in the lifetime of the testator, had been levied .on and sold as his property. That the defendant, Rogers, had bid her off at $301. That possession of the woman was delivered to Rogers, but no bill of sale was given by the witness, as sheriff.
Read the full summary
This was an action of trover, brought by the executors of John Evans against the defendant, Rogers, for a nego woman named Rose. It appeared in evidence, by the the testimony of Mr. Blister, that this woman, in virtue of a fi.fa. in the lifetime of the testator, had been levied .on and sold as his property. That the defendant, Rogers, had bid her off at $301. That possession of the woman was delivered to Rogers, but no bill of sale was given by the witness, as sheriff. He was told by the purchaser to make an entry, and the following entry was made in his book, by the direction of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gantt, J.
The last ground taken by the counsel for the plaintiffs, has not been insisted on in the argument, as being maintainable.1 It has often been decided, that the discovery of new evidence after trial was not a good ground for a new trial. This ground, therefore, needs no further notice than a reference to State v. Harding, 2 Bay’s Rep. 268, to show that it cannot avail.
From an attentive examination of the evidence, it appears not to warrant the conclusion drawn from it by the plaintiffs, and which forms the second ground taken in the brief for a…
2Cited by2 opinions
- State v. JonesSupreme Court of South Carolina · 1911
- State v. Don CarlosSupreme Court of South Carolina · 1893