Johnson v. Packer
Supreme Court of South Carolina
This was an action of trespass, vi et armis, tried before Justice Joiinson, at Marion, in October Term, 1816. *Thotnas Grice, by deed, conveyed to his two grandsons, David and Aaron Herring, while they were infants, two negro girls, Nancy and Violet. The deed contained some specific provisions, on the construction of which the rights of the parties principally depended.
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This was an action of trespass, vi et armis, tried before Justice Joiinson, at Marion, in October Term, 1816. *Thotnas Grice, by deed, conveyed to his two grandsons, David and Aaron Herring, while they were infants, two negro girls, Nancy and Violet. The deed contained some specific provisions, on the construction of which the rights of the parties principally depended. It was in the first .place a formal deed of gift, (as it is usually denominated,) expressing natural love and affection as the consideration; and the donor expresses a wish or desire that James Johnson, one of the defendants,…
1Opinion of the Court
The opinion of the Court was delivered by
Johnson, J.
If the ground taken in arrest of judgment had been made the basis of a motion for a new trial, I am not prepared to say what influence it ought to have had. I think the propriety of such verdicts, in this action, or the action of trover, in which they are in common use, to the extent to compel the defendant to restore the property, may be questionable,1 as in the event of any accident which would put it out of his power, he would be compelled to resort to the Court of Equity for relief; and they ought therefore to be discountenanced ;• but I…
2Cited by1 opinion
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