O'Neal v. Duncan

Court of Appeals of South Carolina

O'Neal v. Duncan

15 S.C.L. 246

DecidedJune 15, 1827

StatusPublished

This text of 15 S.C.L. 246 (O'Neal v. Duncan) 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

O'Neal v. Duncan, 15 S.C.L. 246 (S.C. Ct. App. 1827).

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Opinion

Where a tract of land was sold by the sheriff under au execution against the defendant, in an action of trespass to try titles, by the purchaser against the defendant, the defendant will not be permitted to give evidence that the title of the land was not in himself, but in another whose tenant he was.

The Sheriff’s title, (being the organ of the law to convey the defendant’s right,) is considered as the deed of the defendant, and operates as an estoppel.

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Where a tract of land was sold by the sheriff under au execution against the defendant, in an action of trespass to try titles, by the purchaser against the defendant, the defendant will not be permitted to give evidence that the title of the land was not in himself, but in another whose tenant he was.

The Sheriff’s title, (being the organ of the law to convey the defendant’s right,) is considered as the deed of the defendant, and operates as an estoppel.

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Bluebook (online)

15 S.C.L. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-duncan-scctapp-1827.