Court of Appeals of South Carolina, 1832

Witsell v. Mitchell

Witsell v. Mitchell
Court of Appeals of South Carolina · Decided March 15, 1832 · Johnson, Neall
37 S.C.L. 289

Witsell v. Mitchell

Opinion of the Court

Curia, per

O’Neall, J.

The case of Scanlan vs. Porter, 1 Bail. 427, is decisive of this case. In that case, as well as this, the disjunctive conjunction or,” was used in the clause of the will. The same reasons exist in this case, as in that; why it should be construed “ and.” Giving to the clause of the will, in this case, that construction, ends the right of the plaintiffs to recover.

The motion to reverse the decision of the Judge below, on the special verdict, is therefore dismissed.

Johnson, J, concurred.

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