The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-09-26
.1peEME COURT DECISIONS.

mu,..r &c. Couar, ct dl.-Where mort
ndi d,ncindeG real estate and slaves, and one
SSShe slayes had been sold by the shefln un-
~ Sar % executions against the mortSager, ana a
Sslance of the purchase money remained, aller
having the executions served TO tne mortsuss'
the mere fact OF such sale, with the cilcu9. w.
stance of such balance remaining IN me naaSs 1ss
of the sheriff. do not necessarily establish the
satisfaction of the mortgage o-,raoe.
marty Who subsequent TO Tue iuoi tE"tSSx, So
took 3 hond from the mortgager for ute " hiIl
seal estate covered by 1t, cannot sid ress sale of
for foreclosure, by reason OF lne seon s so re-
the slave, and the palahce
naming. ,,uo the mortgage first
- .asort m said balance, oelofe ne VIA w
q. wad TO pursue the real estate. ,,,h;.o, 70
,vhere creditor has Two iunos suoJeSe ~. "
his control for the secnS - cnt Of the one
ne mtss Inich another creditor has no lien, pro-
tpGad upHmd r. can be done without injustice TO the
rreSitor having a claim to both funds, or en-
Sancering, OF impairing his right to secure
the money out Of either fund, OF involving
him in litigation, or requiring him 10 resort 10
The enforcement OF the rule operates no
hardship. for the creditor having only o reme-
dy as to one, may ask that the douoie iun9,
after serving the purpose the creator mold
inc IL. NAV be subjected to his dlsposltlon,
without in the first Instance restrlctlhS the
creditor with the two funds in their use. lOpln-
ion by the Chief Justice -, Co..
nah Railroad Company, ct al, Us: Hclrer,
president, and McIver, secretary ana treasurer
of Chera,o and Darlington Railroad Company;
The Supreme Court is vested with or1glnal
jurisdiction as to writs Of mandamus, and mas
:: the power to grant them,
A railroad company, although private COT
noration. owes certain duties to the puohc'
ana though standing In relation to its corpo-
rators as trustees, its obligations to the public,
Involving the rights of individuals IN regard
tn them. NAV be enforced through the courts.
Thourh corporation has not availed ltseli
of the privilege ITO make bylaws" conferred
by its charter, q long established usage IN rela-
ton to the transfer of Its stock, may be SUD-
siitnted and accepted as equivalent to by
law In the particular matter, and Wnere lts
certificate of stock, on the face OF 1t, states
tsthat it is transferable In person or oy attor-
new at the office" the mode OF the transfer mas
been made part of the contract Win tne
shareholder. .,... =.
n railroad company, and 30 acting and receg-
d nized, is presumed to be rightfully IN ONCE;
until an act Of custer he Is so to be regarded
; Inv ali who have dealings with the company:
Before q writ Of mGndanus can issue, de
mand and refusal must be pro7ed.
A refusal In express WOrds, however, IS uoI
necessary. If the facts show a distinct deter
mination not to comply, that is all that is re-
quired. = .,o.,
shares held by the latter in an incorporated
company, and they both are ready and viii
ling, and demand transfer OF the snares
of The corporate officers, which Is refused,
they have such title as vii justify the issuing
of the writ in that behalf.
Under such circumstances II is no objection
that the proposed purchaser unites with the
seller IN the application for the writ.
The writ will not lie, where an action for
compensation IN damages will not only bcIde-
quate, but will be complete satisfaction,
equivalent to specific relief.
The increase of railroad corporations, their
extent, and the large capital they WELD, may,
by reason of their influence and patronage,
give q value to their stock, Independent Of the
money market value. [Opinion by the Chiei
Justice.]