Alston v. Alston
Supreme Court of South Carolina
Before CARPENTER, J., at Charleston, April Term, 1870. On June 10, 1854, William Algernon AlstoD, Sr., conveyed to his son Joseph Alston five plantations in Georgetown District, one of which was called Calais, and to secure the payment of the purchase money, $100,000, Joseph Alston and his wife, Helen Alston, gave to the vendor their bond and mortgage of the plantations, bearing the same date.
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Before CARPENTER, J., at Charleston, April Term, 1870. On June 10, 1854, William Algernon AlstoD, Sr., conveyed to his son Joseph Alston five plantations in Georgetown District, one of which was called Calais, and to secure the payment of the purchase money, $100,000, Joseph Alston and his wife, Helen Alston, gave to the vendor their bond and mortgage of the plantations, bearing the same date. On April 11, 1856, Joseph Alston gave to Joseph Thurston his bond, conditioned for the payment of $8,000 with a mortgage of Calais to secure its payment. On March 16, 1858, Joseph Alston conveyed to his…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
The brief in this case has been completed since the last session of the Court. The consideration of the argument, submitted in printed form, was, therefore, necessarily defeired to the present term.
The concurrence of the Circuit Judge in the conclusion of the Referee, giving a preference to the mortgage of the plantation “Calais,” executed in 1854 by Joseph Alston to his father William Algernon Alston, Sr., over that of April, 1856, to Joseph Thurston, by the same party, might be sustained as decisive of the case if the question involved…
2Cases cited1 opinion
- People v. HonsenfrattsNew York Supreme Court · 1824