Court of Appeals of South Carolina, 1831

Caston v. Perry

Caston v. Perry
Court of Appeals of South Carolina · Decided January 15, 1831 · Harper, Johnson, Neall
18 S.C.L. 104

Caston v. Perry

Opinion of the Court

Johnson J.

The circumstances attending a trespass necessarily enter into the estimate of damages If one enter on the lands of another with actual force and violence, it is an aggravation of the damages ; but if the entry is peaceable, and under an apparently good title, it is a reason why the jury should give no more damages than were actually sustained. In this view the deeds were properly admitted.

O’Neall J. and Harper J. concurred.

Motion refused.

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