Folk v. Sanders
Supreme Court of South Carolina
Before Wallace, J., Colleton, November, 1891. Action by T. J. Folk against Clark Sanders. The bill of sale referred to in the opinion is not printed in the record, but the plaintiff testified that he had given to Bennett Brothers “a bill of sale over this mare.”
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Before Wallace, J., Colleton, November, 1891. Action by T. J. Folk against Clark Sanders. The bill of sale referred to in the opinion is not printed in the record, but the plaintiff testified that he had given to Bennett Brothers “a bill of sale over this mare.” He further testified that he had paid the debt secured by this bill of sale before Bennett Brothers took his mare, but while his payments exceeded his secured debt, he said that Bennett Brothers “claimed an open account” — amount not stated — and the receipts in evidence showed $40 paid on the “lien and bill of sale,” and sixty-one…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
In an action for claim and delivery tried before trial justice Griffin, the verdict of the jury was: “We find for the plaintiff the property in dispute, the value of which we find at ninety dollars.” From this judgment the defendant, Clark Sanders, appealed to the Circuit Court on six grounds. The appeal came on to be heard before Judge Wallace, who affirmed the judgment of the trial justice. The defendant has appealed to this court upon six grounds: I. Because, it is respectfully submitted, that his honor erred in not holding that…
2Cited by1 opinion
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