Stone v. Tucker

Court of Appeals of South Carolina

Stone v. Tucker

18 S.C.L. 495

DecidedJune 15, 1831

StatusPublished

This text of 18 S.C.L. 495 (Stone v. Tucker) 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

Stone v. Tucker, 18 S.C.L. 495 (S.C. Ct. App. 1831).

Pincite

Opinion

Johnson J.

delivered the opinion of the Court.

We concur with the presiding Judge on the ground upon which he has put this case. Besides which, it may be remarked, that the property first levied on being left in the possession of Sherbut, it is clear, that as to him the levy was-no satisfaction ; and not being a satisfaction as to him, we cannot perceive how it could be so regarded as to the plaintiff. The defendant was not bound to him by any contract, nor did he in law owe him any service; and the execution being unsatisfied, he had the right to levy on the plaintiff’s property.

Motion refused.

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Johnson J.

delivered the opinion of the Court.

We concur with the presiding Judge on the ground upon which he has put this case. Besides which, it may be remarked, that the property first levied on being left in the possession of Sherbut, it is clear, that as to him the levy was-no satisfaction ; and not being a satisfaction as to him, we cannot perceive how it could be so regarded as to the plaintiff. The defendant was not bound to him by any contract, nor did he in law owe him any service; and the execution being unsatisfied, he had the right to levy on the plaintiff’s property.

Motion refused.

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Bluebook (online)

18 S.C.L. 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-tucker-scctapp-1831.