Reports of Judicial Decisions in the State of South Carolina, from 1793 to 1815 (Volume 3) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840. Excerpt: ... CONSTITUTIONAL COURT, COLUMBIA, MAY, 1812. JgET' Edmund Tucker V. Daniel Palmer. The plaintiff conveyed certain slaves to Beverly Sydner, in trust, to be disposed of for the benefit of his creditors; and after this conveyance faired them to the defendant for six months. The trustee empowered the defendant to take possession of the negroes by virtue of the trust deed; on which the plaintiff demanded them; but the defendant refused to give them up. Held, that the deed was a bona fide transaction, and operated as a legal transfer of the property; and even, if the trustee bad done any thing in violation of his duty, the plaintiff, having parted with the legal estate, had no right to claim the negroes. Where a trustee violates his duty, any of the parties interested may call him to account in a court of equity; but a stranger will not be permitted to interfere. Motion for a new trial. Trover for negro slaves, tried before Wattes, J., in Union district. The plaintiff conveyed, or transferred the sieves in question, by deed, dated 24ih November, 1806, to Beverly Sydner, of Virginia, in trust, to dispose of for the benefit of plaintiff's creditors, in payment of debts he owed them; particularly a debt due Elins Palmer, of Virginia. The said deed to be void, if the plaintiff should satisfy Elias Palmer his debt on or before the 25th December, 1807. la June, 1807, the plaintiff, who had possession of the slaves, brought them from Virginia, and hired them to the defendant for six months, to serve the defendaut in this State. Beverly Sydner, by letter of attorney, dated 7th August, 1807, appointed and empowered defendant to take possession of the said negroes, in virtue of the trust deed aforesaid, and remove them to Virginia, to be disposed of pursuant to the intent...