The news and herald. (Winnsboro, S.C.) 1877-1900, 1878-11-02
The Circuit Court.

cases disposed Of in the Court Of Com
mon Pleas for this county, since our
last rcport:- .. .
Joel w. Pearson and Others VS.. j.
II. Dawkins and Othcrs-A. M.
Mackcy for plaintiffs, Jas. Ii. Kion for
defendants. This was an action
brought for the recovery of certain
tract Of land in the possession of tho
defendants. The plaintiffs claimed
the land under deed Of trust from
w. f. Pearson to W. j. Alston, as
trustee for the plaintiffs. The defend
ants denied thc allegations Of the COM
plaint, and likewise set up the defence
Of an adverse possession. When the
plaintiffs had closed their case, the
defendants attorney moved for q
nonsuit. After argument, his Honor
the presiding Judge granted the nom
suit, and dismissed the plaintiffs COM
plant with costs.
II. j. N1cCarlcy VS.. Thos. II. Aiken.
This was rule on the sheriff. re-
quiring him to show cause why he
should not be attached for contempt
in not making the money on q certain
warrant on all agricultural lien,
directed to him by the Clerk of Court,
in favor of the plaintiff, McCarlcy.
Mr.. A. M. Mackcy appeared for the
plaintiff, and Colonel Rion for the
sheriff. The sheriff return to the
rule set up that lie had duly levied on
the crop in question, but was after
wards notified that the licnor, Thomas
II. Aiken, had no interest in the same,
and that the produce levied on had,
after the levy, been taken possession
Of by the parties claiming it. The
plaintiff, NIcCarlcy, demanded that
the sheriff be required to pay into
court the value Of the produce levied
on, subject to the further order of the
court. The sheriff prayed that the
rule be discharged. After argument,
his Honor ordered the rule to be dis
charged.
The State, &c relatione T. w.
Woodward, Relator, VS.. James O..
Davis, County Treasurer Of Fairfield,
Rcspondcnt-Gaillard s. Reynolds for
rclator, JAS. IL. Rion for respondent
This was an issue made up, in accord
ancc with the Act Of the Legislature,
to determine the gcnuincncss of Ger
tain bills Of the Bank of the State,
rendered in payment of the REALTORS
taxes. The jury rendered the follow
ing verdict: "Ne find for the relator
on all the issues submittcd.'
S. w. Ruff, Sheriff Of Fairfield
! County, VS.. "A. W. Ladd-Jas. H..
Rion for plaintiff, a. NJ. N1ackcy for
defendant. This case arose as follows:
On proceeding to marshal the assets
OF the late George w. Melton, of
Chester, certain tract Of land in this
county, was sold by the sheriff of
Fairfield in December, 1877, and bid
off by the defendant for $3.50. The
land had been bought by Melton at
the sale of the lands of John II. Cath
cart i'll 1874, and q mortgage executed
for balance Of the purchasc-moncy.
The holder Of this mortgage, tho
, Clerk Of the Court of Common Pleas
for Fairfield, was not made party
to the proceeding to marshal assets,
and OIL this ground the defendant.
Ladd, declined to comply with his
bid. After hearing the testimony, and
tho argument of counsel, the presiding
judge took the papers in tho case and
reserved his decision.
VIM. Douglass VS.. II. G.. Craig,
Administrators. This was q rule on
the sheriff requiring him to show
cause why he should not be attached
for contempt III failing to levy OH a
certain tract Of land under all cxccu-
ton issued in favor of the plaintiff
against the dcfcndantasa sadministratrix.
MIR. VIM. II. Lylcs appeared for the
plaintiff, and Mr.. Henry N. Obcar for
the sheriff. The return of the sheriff set
up that tho land in question had been
duly set off as a homestead for the
defendant. Tho question before the
court was as to the validity of tho
homestead. After argument, his
Honor took the papers in tho case and
reserved his decision.
NNTTr1S rn <S1,r,v.rr N