Cape Fear Steamboat Co. v. Conner

Court of Appeals of South Carolina

Cape Fear Steamboat Co. v. Conner

37 S.C.L. 335

DecidedMarch 15, 1832

StatusPublished

This text of 37 S.C.L. 335 (Cape Fear Steamboat Co. v. Conner) 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

Cape Fear Steamboat Co. v. Conner, 37 S.C.L. 335 (S.C. Ct. App. 1832).

Pincite

Opinion

Curia, per

O’Nealu, J.

The view taken of the law of the case by the presiding Judge, in his instructions to the jury, appears, to us, to be correct. Independent, however, of the legal effect of the plaintiffs’ mortgage being properly recorded, it appears that express notice of it was brought [337]*337home to the defendant, both before the execution of his own mortgage, and his subsequent purchase, and this entitled the plaintiffs to recover.

The motion for a new trial is dismissed.

Johnson, J. concurred.

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Curia, per

O’Nealu, J.

The view taken of the law of the case by the presiding Judge, in his instructions to the jury, appears, to us, to be correct. Independent, however, of the legal effect of the plaintiffs’ mortgage being properly recorded, it appears that express notice of it was brought [337]*337home to the defendant, both before the execution of his own mortgage, and his subsequent purchase, and this entitled the plaintiffs to recover.

The motion for a new trial is dismissed.

Johnson, J. concurred.

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Bluebook (online)

37 S.C.L. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cape-fear-steamboat-co-v-conner-scctapp-1832.