Bailey v. Boyce
Court of Appeals of South Carolina
Before Dargan, Oh., at Charleston, June Sittings, 1848. George Henry died in August, 1837. He left a considerable property, real and personal; and he also left surviving him, his wife, Eliza Woodward, one of the defendants, and. his daughter, Eliza A. H. Bailey, one of the complainants, and wife of the complainant Nicholas V. Bailey.
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Before Dargan, Oh., at Charleston, June Sittings, 1848. George Henry died in August, 1837. He left a considerable property, real and personal; and he also left surviving him, his wife, Eliza Woodward, one of the defendants, and. his daughter, Eliza A. H. Bailey, one of the complainants, and wife of the complainant Nicholas V. Bailey. The real property of George Henry, deceased, consisted chiefly of houses and lots in the city of Charleston, and in the towns of Columbia and Camden, and his personal estate of slaves and choses in action, the latter being debts due him in the mercantile houses…
1Dissent
Dargan, Ch.
dissenting. — In this case, I have heard nothing in the argument, or in conference, to change or modify my views as expressed in the circuit decree. Indeed, my opinion is confirmed ; for, after a full research, no other authorities could be cited, against that opinion, than those very cases which I had already considered before making up my judgment; all of which are cited in the decree itself. These cases I regarded as, in the highest degree, apochryphal, and. their inconsistency with the current of English decisions, and the principle to be deduced therefrom, has been clearly…
2Cases cited2 opinions
- Fuller v. YatesNew York Court of Chancery · 1840
- Lessee of Hubley v. WhiteSupreme Court of Pennsylvania · 1796