Smith v. Evans
Supreme Court of South Carolina
Before Izlae, J., Marlboro, October, 1891. Action by Peter T. Smith, as administrator of Stephen Quick, against Wyatt Evans, for recovery of personal property, commenced before S. W. G. Shipp, Esq., trial justice, who reported as follows: This is an action of claim and delivery brought by the plaintiff for the recovery of two bales of cotton of the alleged value of $75, from the defendant. . The plaintiff' alleges that this cotton is wrongfully withheld from him by the…
Read the full summary
Before Izlae, J., Marlboro, October, 1891. Action by Peter T. Smith, as administrator of Stephen Quick, against Wyatt Evans, for recovery of personal property, commenced before S. W. G. Shipp, Esq., trial justice, who reported as follows: This is an action of claim and delivery brought by the plaintiff for the recovery of two bales of cotton of the alleged value of $75, from the defendant. . The plaintiff' alleges that this cotton is wrongfully withheld from him by the defendant, and that he is the owner of the same and entitled to the possession thereof. The defendant answers: 1. By general…
1Opinion of the Court
The opinion of the court was delivered by
Mk. Justice McGowan.
This was an action of claim and *74delivery for two bales of cotton of the alleged value of $75. The plaintiff alleges that this property belongs to him, and he is entitled to the possession thereof, but it is wrongfully withheld from him by the defendant! The defendant answers, first, by a general denial ; and secern'd, by plea of the statute of frauds, that there was no sale .and delivery of the cotton. The case was first heard by S. W. G. Shipp. -Esq., a trial justice of Marlboro County. There was much testimoniero and con, which is…
2Cases cited1 opinion
- Shindler v. . HoustonNew York Court of Appeals · 1848
3Cited by6 opinions
- Craig v. United States Health & Accident Ins.Supreme Court of South Carolina · 1908
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Pitts v. EdwardsSupreme Court of South Carolina · 1927
- McManus v. Midland Valley Lumber Co.District Court, E.D. South Carolina · 1964
- Minton v. McDanielSupreme Court of Arkansas · 1947
1 more not listed; retrieve them via the Exa API.