Hobson v. Perry

Court of Appeals of South Carolina

Hobson v. Perry

19 S.C.L. 277

DecidedMay 15, 1833

StatusPublished

This text of 19 S.C.L. 277 (Hobson 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

Hobson v. Perry, 19 S.C.L. 277 (S.C. Ct. App. 1833).

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Opinion

On appeal to this Court, it was held, 1. That possession of the plaintm was sufficient to enable to maintain this action againsta mere trespasser: that the fact of ownership by a slave is not ipso facto, a feiture under the Act of 1740, P. L. 171-2; but the forfeiture under that Act, is not complete, until seizure and condemnation. 2. that the act of 1827, p. 77, which declares what shall be a lawful fence, does not authorize the killing of a horse, which breaks into a field so enclosed.

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On appeal to this Court, it was held, 1. That possession of the plaintm was sufficient to enable to maintain this action againsta mere trespasser: that the fact of ownership by a slave is not ipso facto, a feiture under the Act of 1740, P. L. 171-2; but the forfeiture under that Act, is not complete, until seizure and condemnation. 2. that the act of 1827, p. 77, which declares what shall be a lawful fence, does not authorize the killing of a horse, which breaks into a field so enclosed.

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Bluebook (online)

19 S.C.L. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobson-v-perry-scctapp-1833.