Perry v. Middleton
Supreme Court of South Carolina
Motion to set aside the verdict, and enter a nonsuit. The case was tried in Lancaster district, before Grimke, J., in. November, 1804. The action was trespass to try titles to land. The declaration stated that the trespass was committed in a tract of three hundred and twenty-three acres of land, originally granted, to one John Hood.
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Motion to set aside the verdict, and enter a nonsuit. The case was tried in Lancaster district, before Grimke, J., in. November, 1804. The action was trespass to try titles to land. The declaration stated that the trespass was committed in a tract of three hundred and twenty-three acres of land, originally granted, to one John Hood. At the trial, the plaintiff produced and proved a conveyance from John Hood, the son and heir at law of John Hood, the patentee, for the whole land. He also proved that the said grantee died intestate, in the year 1799, leaving a widow, and two other children,…
1Opinion of the Court
The opinion delivered by
Trezevant, J.,
was to the following effect.
That parol evidence was admissible, to shew the actual situation and boundaries of the land, though different from the patent. To shew by evidence dehors the patent, the true meaning of the same,1 That the place, or land, and lines, mentioned and described in the patent, and survey thereunto annexed, must, from necessity, in all cases, be located and identified by witnesses who are to testify in, court concerning the same; and as such evidence is, from the necessity of the case, in almost every case required, so in some cases…
2Cases cited3 opinions
- Maigley v. HauerNew York Supreme Court · 1811
- Lessee of Blaine v. JohnsonSupreme Court of Pennsylvania · 1810
- Tredwell v. SteeleNew York Supreme Court · 1805