Bethune and Co. v. Gibson
Supreme Court of South Carolina
Motion for a new trial. The case was an issue directed to be tried, to determine a question between the parties as attaching creditors of one John Davidson, an absent debtor, tried in Charleston district, before Trezevant, J. The defendants claimed as creditors in possession. It appeared in evidence, that the property attached by the plaintiffs was a schooner, the Doris, and her cargo, consisting of African slaves.
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Motion for a new trial. The case was an issue directed to be tried, to determine a question between the parties as attaching creditors of one John Davidson, an absent debtor, tried in Charleston district, before Trezevant, J. The defendants claimed as creditors in possession. It appeared in evidence, that the property attached by the plaintiffs was a schooner, the Doris, and her cargo, consisting of African slaves. That Davidson left this State in 1805, and con. stituted Gilbert Davidson, his attorney in his absence; and in caa© of Gilbert Davidson’s leaving the State, the defendant,…
1Opinion of the Court
Trezevant,
charging the jury, laid it down as law, that a power, or control, over property, is equivalent to actual possession, to entitle a party to claim as creditor in possession under the attachment act; and that it was clear, from the evidence, that the defendants had a power over the property in question, to dispose of it, or order concerning it, the captain being subject to their control and direction. He also laid it down, that attachments dqnot bind property, or create a prior lien, as between creditors, by the lodgment of the writ, but only from the service of the writ, as directed…
2Cases cited1 opinion
- Platte County Court v. McFarlandSupreme Court of Missouri · 1848