Sally v. Sandifer

Supreme Court of South Carolina

Sally v. Sandifer

9 S.C.L. 445

DecidedMay 15, 1818

StatusPublished

This text of 9 S.C.L. 445 (Sally v. Sandifer) 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

Sally v. Sandifer, 9 S.C.L. 445 (S.C. 1818).

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Opinion

[446]*446The opinion of the Court was delivered by-

Mr. Justice Johnson.

I think now, as I did on the trial below, that the land having vested in the defendant’s intestate by the conveyance to him, it would not re-i vest except by deed. And I moreover think that I erred in not expressing this opinion to the Jury in more decided terms than I did. I am, therefore, of opinion that a new trial ought to be granted. The land vested in the defendant’s intestate by the conveyance from the plaintiff’s intestate, and the only contract relied upon to re-vest it in the plaintiff’s intestate, was by parol, which is clearly void.

GrimJcé, Colcock, JYott, Cheves, and Gantt, J-concurred.

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[446]*446The opinion of the Court was delivered by-

Mr. Justice Johnson.

I think now, as I did on the trial below, that the land having vested in the defendant’s intestate by the conveyance to him, it would not re-i vest except by deed. And I moreover think that I erred in not expressing this opinion to the Jury in more decided terms than I did. I am, therefore, of opinion that a new trial ought to be granted. The land vested in the defendant’s intestate by the conveyance from the plaintiff’s intestate, and the only contract relied upon to re-vest it in the plaintiff’s intestate, was by parol, which is clearly void.

GrimJcé, Colcock, JYott, Cheves, and Gantt, J-concurred.

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Bluebook (online)

9 S.C.L. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sally-v-sandifer-sc-1818.