Davis v. Reynolds
Supreme Court of South Carolina
Motion to set aside order of arrest in S. U. Davis, John W. Davis and D. K. Godbold against J. K. Reynolds. From order refusing motion, defendant appeals. cite: Timber sold was not personalty: 28 Ency., 541; 12 Rich., 318; Green. Ev., sec. 271; 11 Rich., 621; 2 Barb., 613; 55 D. R. A., 329; 107 N. C., 717. The first contract of sale is good without record: 1 Strob, Eq., 393; 10 Rich.
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Motion to set aside order of arrest in S. U. Davis, John W. Davis and D. K. Godbold against J. K. Reynolds. From order refusing motion, defendant appeals. cite: Timber sold was not personalty: 28 Ency., 541; 12 Rich., 318; Green. Ev., sec. 271; 11 Rich., 621; 2 Barb., 613; 55 D. R. A., 329; 107 N. C., 717. The first contract of sale is good without record: 1 Strob, Eq., 393; 10 Rich. Eq., 149; 39 S’. C., 80. Law implies license to enter on the land and remove the trees: 18 Ency., 1132; 3 Kent., 452; Add', oni Torts, secs. 116, 130,- 18 S. C., 17; 31 S. C., 275. Allegations of affidavit on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order refusing to set aside a previous order, under which the defendant was arrested.
The motion to set aside the order of arrest was made on the following grounds:
“I. Because neither the complaint in said action, nor the affidavit upon which said order of arrest was granted, states a cause of action sufficient upon which to base the arrest of said defendant.
“II. Because said order of arrest was and is defective, in that no cause of action in favor of the plaintiff is shown by said complaint and affidavit, to…
2Cases cited2 opinions
- Welborn v. DixonSupreme Court of South Carolina · 1904
- Fogle v. St. Michael ChurchSupreme Court of South Carolina · 1896
3Cited by1 opinion
- Davis v. ReynoldsSupreme Court of South Carolina · 1912