Caston v. Perry

Court of Appeals of South Carolina

Caston v. Perry

18 S.C.L. 104

DecidedJanuary 15, 1831

StatusPublished

This text of 18 S.C.L. 104 (Caston v. Perry) 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

Caston v. Perry, 18 S.C.L. 104 (S.C. Ct. App. 1831).

Pincite

Opinion

Johnson J.

The circumstances attending a trespass necessarily enter into the estimate of damages If one enter on the lands of another with actual force and violence, it is an aggravation of the damages ; but if the entry is peaceable, and under an apparently good title, it is a reason why the jury should give no more damages than were actually sustained. In this view the deeds were properly admitted.

O’Neall J. and Harper J. concurred.

Motion refused.

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Johnson J.

The circumstances attending a trespass necessarily enter into the estimate of damages If one enter on the lands of another with actual force and violence, it is an aggravation of the damages ; but if the entry is peaceable, and under an apparently good title, it is a reason why the jury should give no more damages than were actually sustained. In this view the deeds were properly admitted.

O’Neall J. and Harper J. concurred.

Motion refused.

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Bluebook (online)

18 S.C.L. 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caston-v-perry-scctapp-1831.