Reports of Cases Determined in the Constitutional Court of South-Carolina, Vol. 1 (Classic Reprint)

Excerpt from Reports of Cases Determined in the Constitutional Court of South-Carolina, Vol. 1

This action was brought to charge the defendant as ex. Cantor de son tort.

The plaintiff had obtained a judgment against Thomas Stewart, for eighty one dollars, in 1820. Not long afterwards Stewart died, leaving his widow on his farm, who continued in the undisturbed possession thereof for several months, when it appears the defendant purchased or got some corn from her, which he took away in his waggon, and credited the estate for the same, on a note due him by Stewart. There was no evi dence of the widow having been appointed administratrix, or having been left executrix. The Circuit Court being of opinion that the defendant was not an executor de son tort, gave a decree against the plaintifl'. A motion was submitted to reverse that decision.

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