Payne v. Kershaw

Supreme Court of South Carolina

Payne v. Kershaw

16 S.C.L. 275

DecidedJanuary 15, 1824

StatusPublished

This text of 16 S.C.L. 275 (Payne v. Kershaw) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. Kershaw, 16 S.C.L. 275 (S.C. 1824).

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Opinion

The opinion of the court was delivered by

Mr. Justice Eager.

If the schooner, sold by the sheriff was not the property of the defendant in execution, the money made ought not to be paid to the plaintiff. The facts set forth in the return are sufficiently strong to render it doubtful whether the defendant had any right of property in the schooner. ■ Under such circnm-stauces, it is safer to leave the rights of the parties to be decided in an action, than to attempt to decide upon them on a rule against the sheriff. The motion in this case must, therefore, be granted.

Mott, and Johnson, Justices, concurred.

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The opinion of the court was delivered by

Mr. Justice Eager.

If the schooner, sold by the sheriff was not the property of the defendant in execution, the money made ought not to be paid to the plaintiff. The facts set forth in the return are sufficiently strong to render it doubtful whether the defendant had any right of property in the schooner. ■ Under such circnm-stauces, it is safer to leave the rights of the parties to be decided in an action, than to attempt to decide upon them on a rule against the sheriff. The motion in this case must, therefore, be granted.

Mott, and Johnson, Justices, concurred.

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Bluebook (online)

16 S.C.L. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-kershaw-sc-1824.