Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1853-02-16
VOL. XVIII.-..NO. 5.
AN IMPORTANT LEGAL DECISION.


Wardlaw in the Court of Errors as to the
validity of recording deed after the expi.
ration of six months. This opinion of the
Court we delivered last December, in the
case Of w. D. Steele, Ordinary Of Plckens
District, against ]. Mansell, et al, Ex'rs,
&c. The case was argued three times in
the Court of Appeals in Law, and once in
the Court of Errors, before full bench of
Chancellors and Judges. 1t had been four
or five or six years In Court, and the Court
of Law was divided in regard to the ques-
tons involved. Our partner and friend,
Col. Elliott NJ. Keith, was for the Plaintiff,
and we were for the Defendant. The
opinion Of JUDI &c Wardlaw is signed by
Chancellors Dunkin, Dargan and Wardlaw,
and Judges Evans, Frost and Whitner.
Justices O'Neal and Withers, and Chan
cellor Johnston dissented from the opinion
Of Judge Wardlaw. The length of tho
opinion may bejudged Of when we state
that the copying Of it cost US twelve dollars
and fifty cents.
The question decided in the case was,
whether a deed not recorded in six months,
but put on record before sale of the land
by the Sheriff, as the property of the ven.
dor, was valid against the purchaser at
Sherif''s sale, who had recorded his deed
within the six months, and who had no no.
tice Of the previous sale by the vendor It
was decided that the deed to the first pur-
chaser was valid and good against the title
of the subsequent purchaser at Sherif's
sale. The Court held that the deed being
recorded before the Shcriff's sale was notice
toall the world, though not recorded within
six months. After the first sale Col. Ben.
jamin Hagood sued Corbin, the vendor, and
obtained judgment against him. After this
judgment was obtained the deed from Cor.
bin was put on record, some four years
after its execution, but before the sale to
Hagood. Had the opinion of the Court
been different from what it is, it would have
put in jeopardy great many of the land
titles in South Carolina There are very
few persons who do record their deeds
within six months, as is required by law.
In doing so they run the risk of the ven.
doris selling the same land to some one else
without notice Of the previous sale. But
according to the present decision they are
in no danger of creditor obtaining judg-
ment against the vendor, provided they
record their title-before the Sheriff sells the
land under the judgment Of the CREDITOR.
There had been some conflict in the de.
csions of our Courts:on these points. All
the South Garolinas easesy dali the;
statutes Of South Caroiiiina on; the subject
ofrecording deeds, &C., have been reviewed
by Judge Wardlaw with great ability in the
present opinion of the Court Of Errors
The law is now settled, as wc supposed 1t
was settled previously. Judge O'Neall,
however, was presiding when the case was
heard on the Circuit, and he ruled the law
against US. After five years battling the
point with the Court aid before the Court
we have succeeded in establishing the priu.
ciplc in favor Of our clients. All that we
regret is, that the amount involved in the
case will not be sufficient to compensate US
for settling the lazy. Inasmuch as it was n
case in which every man In South Carolina
who had not recorded his land titles with
six months had a deep interest, we think we
might establish an equitable claim against
them to assist our client, Mansell, in paying
counsel fees. Southern Patriot.
CONVICTION OF REED.-The New York
Herald OF Sunday says:
Enoch Reed, the eolored n!an whose
case has occupied the attention of tho
United States Circuit Court at Albany du.
ring the past week, was yesterday morning
declared guilty of assisting in the rescue Of
the fugitive slave Jerry, from the officers
who had him in charge Of Syracuse. Not.
witbstanding the combined efforts Of the
aboitionists of this and other States, headed
by Gerrit Smith, TO save Reed and his
coadutors from punishment although
they succeeded in staving off the trials un-
til excitement upon the subject had entirely
died away, except among themselves-the
national constitution and the Congressional
compromise Of 1850 have, in this instance,
been fully sustained by an enlightened and
impartial jury. This is glorious triumph
of the laws Of the land over those agtators
who would set them at defiance. 1t is
triumph of the principles Of justice over
fanaticism, that will be appreciated by the
masses Of the country, and one that will be
Of infinite service in restoring that good
feeling with our Southern brethren, which
for time had been disturbed by the ground.
less insinuatiops emauatfng from rival States
and cities.
GENERAL PIERCE, in letter to Mayor
Seaver, of Boston, declines the public re.
ception rendered to him by the authorities
OF that city. He says:
CATER the event which has recently fall
len upon me with such Crushing weig ght, it
will, of course, he expected that will pro.
ceed to the post of duty as quietly and pri.
vately as the modes of public travel will per.
mt"
OUenT TO HAVE BEEN HUNG.-Antonio
Lopez, the Spanish sailor who some time
since was sentenced to death, in New York
city, for the murder Of policeman Foster, but
who was pardoned, it is stated killed a sal.
lor at Mantanzas, few weeks ago, and then
made his escape.
Mr.. FILLMORE COMING SoUTH-A Wash:
ington letter to tho New York Express saws,
"The President Of the United States and a
part Of his family, it is now pretty well set.
tied, will make Southern tour after March
4th, as far as New Orleans, thence up the
Mississippi and Ohio to Cincinnati, Cleave.
land, and home-Buffalo. Mr.. Secretary