Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-09-20

ine one.half contribution from Walker upon q
note, Jerome B. Kerr principal, on which Mel
ton. Walker, Richard Hare and DR.. J. B. Hun.
ter were sureties. Melton had paid the note, and
proved that as saS aaos5
Of the State. Judgment for plaintiff for $i1:S6.
Mr. Hamilton for plaintiff; Mr.. Bell for defen-
dant u 81 :l ~ L. ~
liams, deceased Defence on ground that creditor
had agreed with the administrators Of Williams TO
take e-fourth of the note, thereby altering the
contract and releasing the surety yso railare o.
Verdict for plaintiff for Sl28.20. Mr.. g. w. g. Hart
for plaintiff Mr.. Beatty his own counsel.
n. g. Carey us. A. Frank Smith. Cause OF &C.
in ms; sum Of sles.os Messrs Witherspoon & spen-
Ger for plaintiff; Messrs. Wilson Wilson for
defendants.
s. w. Melton and wife Us. I. N. Withers and
inc for ehe administration Of the estates Of u ID.
Goore and Maria Goore, and for division and
settlement Of estates among the distributes and
heirs-at-law. Report by referee, J. F. Wallace,
fh1 Hamilton % and Beatty for plaintiff; W. 5. VIII
son. Sr. for defendant. a.
E. G. and l.. W. Smith vs. Abelf and wife.
smith, deceased, claiming legacy under the viii
Of John George Smith, of Chester county. VIZ:
Lawson and Walker Smith, sons Of John Smith,
deceased to receive their fathers portion as they
Of age or without bodily issue, then their share
Of my estate shall be distributed ss*" Walk
or died before he arrived at the age OF
and without issue. Plaintiffs claim entire legacy
as "cross remainder BY implication" to their "a
ther Lawson. Resisted on ground that remain-
der was not contingent, but vested, and went to
Walkers administrators for his heirs generally.
Decision reserved. Messrs. Wilson and Hart,
for plaintiffs; Messrs. Patterson and CASTOR for
defendants. -
81. F. Adickes ps. DR.. r. R. Darwin. Appeal
by defendant from trial Justices court The de-
fendant claimed that the claim Of plaintiff, $s5,
which hi I plaintiF @ denied. Verdict for defendant.
Mr.. CIawson for plaintiff; Mr.. Bell for defendant.
Earle & Co. u.s. Steele & Co. This was an action
on an open account contracted in New York In
ed the plaintiffs, and J. O. Witherspoon, Esq,
represented A. e. Huthchison, the only deien-
dant who appeared! The plaintiff admitted q
credit Of $9O6 In 1873, and claimed 9 balance Of
about $3.50. including interest. Mr.. Hutchison
oontended that the 200 payment was accepeedby
the plaintiff as compromise Of the claim. This;
the plaintiff denied His Honor charged thejnry
that they believed that the plaintiffs had pot
accepted the payment In full satisfaction, they
were entitled to q verdict without regard to any
impressions Mr.. Hutchison had gotten from
plaintifs' attorneys, unless they were authorized
to compromise; but II they believed that plain
tiffs had accepted the defendant was entitled TO
verdict. The jury rendered verdict for the de-
fendant. A motion for a new trial was made by
plaintiff on the ground that there was no evidence
to show that they had accepted the 500 in full OF
their account. The motion was refused. The
plaintiffs gave notice Of an appeal to the Supreme
Court,
T. s. Hayward ct al Us. Erwin and Steele, ad-
ministrators. This was q suit by the executors
Of the heirs OF Col. Alexander Moultrie, OF
Charleston, against the administrators OF George
Steele, deceased, to compel them, to account TO
the plaintiffs for moneys collected by George
Steele, In his life time, on notes, which he had
passed into the hands of George Steele when. ne
became the administrator Of N. P. Kennedy. The
defendants pleaded that Mr. Kennedy had never
been legally authorized to act for the Moultries;
that they were accountable to the Kennedy estate
only, and not to the plaintiffs; and that the claim
Ssrsss Y bs the dse tssas of
& Spencer and George D. Bryan were plaintifs'
solicitors, and Messrs. Wilson & Wilson and ].
G.. Chambers for defendants. ~ ~.
8. w. jackson ps j.. q. Patrick, administrator
against Jackson as surety for Simmons u jack
son. Simmons & Jackson had assigned to Mel.i
ton q Melton. Moore accepted under the assign.
ment. Jackson, as surety, claims relief on the
~ the preferred creditors-among whom Moore
was one-went into the hands Of the assignees,
and that under the statute regulating assign
ments, the assignees were under the control OF
-gu0 budt turOuSu utS OWu
ligence in not receiving the benefit Of the assets
in the hands Of the assgnees should be the loser.
Argued before the Judge, who reserved bis de-
cision. Messrs. Hart & Hart for plaintiff;
Messrs. Allison q Williams for defendant.
Cureton Ardrey & Co. Us. Al. w. Heath, execu-
tor of D. D. A. Belk, deceased. Action on note
of deceased against the executor. Plea In de-
fence, no assets. Referred. Report, l'sdev6stuut
of executor causing failure of assets." Excep-
tions to the report heard by the Judge upon ex-
ceptions. Opinion reserved. Messrs. Hart q
Hart for plaintiffs; Messrs. Allison q Williams
for defendants.
j. n. McElwee, sem, ct. AZ Vs. B.. Z. Wheeler
ct al. In this case the facts were as follows: A
life estate in the land in dispute was devised to
Mrs. N. A. McElwee during her life, and at her
death to her children, or child living at the date
of her death. If she died without children, then
to those of her brothers and sisters and children
Of deceased brothers or sisters, then residing lat
the date II her death) in South Carolina. During
her life, Mrs. N. A. McElwee with her husband,
executed deed Of feoffment accompanied with
livery of seIsin to g. A. McElwee SO rs to bar the
alleged contingent remainders. Mrs. McElwee
died leaving no children. g. A. McElwee after
wards conveyed the land to James McElwee, and
James McElwee sold and conveyed the land to. B..
T. Wheeler. The abstruse doctrines of the law
in relation to feoffments vested and contingent
remainders and executory devises, were involved
and discussed at length. Messrs. Rion and Hart
argued the case on behalf of the plaintiff, and
Messrs. Wilson and Spencer on behalf of defen-
dant. Decree of the Judge not yet delivered.
W.