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Home > General > McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2
McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2

McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ...maintain this action where the cestui qua trust is in the actual enjoyment and possession; can her possession be their possession? They had no right to the possession, they were not even to have charge of the rents and profits, no right of entry to take charge of the rents and profits, the cestui que trust was not even to account to them for them, but is exclusively entitled to them for her lifetime. Whose right, then, is affected and to be remedied in this form of action? Surely the person whose property is injured; suppose it had been corn growing in the field that was taken, would the trustees have to account for it; or would it merely atlect the interest of the csstui que trust? Surely the latter. She would have a right to gather and use it, and render no account to the trustees. I can find no case authorizing one, even having a right to the premises, without actual possession, in himself, at the time. if the premises be occupied by any one, to bring an action of trespass quare clausumfregit; and believing that the bare suggestion of this view to your Honors will be suificient will not dwell longer in argument upon it, but cite your Honors to the following cases: Dan/ on! vs. Lowrey, 3 Haywood, 68, which declares that trust estates are subject to the same rules as legal estates in every case, dower excepted; also the case in Cheves Rep., 140, above referred to; also the case of Amick vs. Frasier, Dudley s Rep., 340; also a case, Campbell vsi Arnold, 1 Johnson's Rep., 511, where this doctrine is laid down a lesser cannot maintain trespass, quare clausuni frcgit, against a stranger for cutting down and carrying away trees while there is a tenant in possession, the action can only be brought by the tenant in...


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Product Details
  • ISBN-13: 9781234196110
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 392
  • Spine Width: 21 mm
  • Width: 189 mm
  • ISBN-10: 1234196115
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 699 gr


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McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2
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McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2
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McMullan's Law Reports; Containing Cases Determined in the Law Court of Appeals and Court of Errors in South Carolina, from November Term, 1840, to May Term, 1842, Both Inclusive. Besides Some Earlier Cases in Two Appendixes Volume 1-2

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