Administrator of Kinard v. Young

Court of Appeals of South Carolina

Administrator of Kinard v. Young

19 S.C. Eq. 247

DecidedJune 15, 1845

StatusPublished

This text of 19 S.C. Eq. 247 (Administrator of Kinard v. Young) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Administrator of Kinard v. Young, 19 S.C. Eq. 247 (S.C. Ct. App. 1845).

Pincite

Opinion

Curia, per Johnston, Ch.

This court feels much difficulty in giving construction to the Act of 1789, recited in the decree; and is not prepared to say, that, if the question were entirely open to them, the construction adopted by the Chancellor is not a fair deduction from its phraseology. But, it is deemed expedient to defer to the case of Tunno vs. Happoldt, cited in the [259]*259decree, as an exposition of the court of law; leaving to that court, or to a future occasion, the consideration of the suggestions made in this case. The court is satisfied with the decree upon all other points.

It is therefore ordered, that the decree be modified, by allowing the mortgage to prevail only so far as it had a lien on property intermeddled with by the executor de son tort; and that in all other respects the decree be affirmed.

Johnson and Dunkin, CC. concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Curia, per Johnston, Ch.

This court feels much difficulty in giving construction to the Act of 1789, recited in the decree; and is not prepared to say, that, if the question were entirely open to them, the construction adopted by the Chancellor is not a fair deduction from its phraseology. But, it is deemed expedient to defer to the case of Tunno vs. Happoldt, cited in the [259]*259decree, as an exposition of the court of law; leaving to that court, or to a future occasion, the consideration of the suggestions made in this case. The court is satisfied with the decree upon all other points.

It is therefore ordered, that the decree be modified, by allowing the mortgage to prevail only so far as it had a lien on property intermeddled with by the executor de son tort; and that in all other respects the decree be affirmed.

Johnson and Dunkin, CC. concurred.

Cite This Page — Counsel Stack

Bluebook (online)

19 S.C. Eq. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrator-of-kinard-v-young-scctapp-1845.