Legal Opinion

Brayton v. Beall

Supreme Court of South Carolina

Decided February 20, 1906PublishedCited by 8 opinions

Before Watts, J., Richland, August, 1905. Action, by Ellery M. Brayton against Edward A. Beall. From judgment for plaintiff, defendant appeals. cite: Names under common lam: 39 "Neb., 59; 21 Ency., 306; 74 Fed. R., 543; 10 Fed. R., 897; 21 111., 31; 42 N. Y. Sup.

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Before Watts, J., Richland, August, 1905. Action, by Ellery M. Brayton against Edward A. Beall. From judgment for plaintiff, defendant appeals. cite: Names under common lam: 39 "Neb., 59; 21 Ency., 306; 74 Fed. R., 543; 10 Fed. R., 897; 21 111., 31; 42 N. Y. Sup. Ct., 570. Is comon. lam changed by statute: Code 1902, 2699, 2700-1-2. dite: Since adoption of Code, 1902, 2699-2702, a person can adopt and bind himself by any name: 4 McC., 487; 5 Rich., 326; 10 Rich., 31; 30 S. C., 526; 24 Ency., 2 ed., 110, note 6; 146 Mass., 610;; 101 Pa. St., 296; 107 111., 304.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an action in claim and delivery of a mule, and resulted in a judgment in favor of the plaintiff for recovery of -the mule, or $100, the value thereof, in case a delivery could not be had, and $11 damages. It appears that in February, 1903, an individual whose surname was McKenzie, residing in Richland County, as a tenant on the lands of plaintiff, executed to the plaintiff Brayton a chattel mortgage oif the mule in question, signing his name thereto as R. C. McKenzie, which mortgage was duly recorded in the office of the clerk…

2Cases cited5 opinions

  1. Laflin & Rand Co. v. Steytler, Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Fallon v. KehoeCalifornia Supreme Court · 1869
  3. Mackey v. ColeWisconsin Supreme Court · 1891
  4. Brothers v. GravesNebraska Supreme Court · 1889
  5. Miller v. GeorgeSupreme Court of South Carolina · 1889

3Cited by8 opinions

  1. Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
  2. In Re Application of LawrenceNew Jersey Superior Court Appellate Division · 1975
  3. Rhea Mortgage Co. v. LemmermanTexas Commission of Appeals · 1928
  4. Egner v. EgnerNew Jersey Superior Court Appellate Division · 1975
  5. In Re Bonnie Lee Daniels LawrenceNew Jersey Superior Court Appellate Division · 1974

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