Supreme Court of South Carolina, 1811

Brown v. Davis

Brown v. Davis
Supreme Court of South Carolina · Decided April 15, 1811 · Waties
4 S.C.L. 468

Brown v. Davis

Opinion of the Court

May 5th, 1811.

Waties, J.,

delivered theopinion of the court. The award must be taken to have decided on the whole matter submitted ; and satisfaction must be implied. . The award performed will,bar any future claim by the plaintiff. The award is, that defendant shall give up to the plaintiff “ the two young ne-groes, &c.” This may be fairly construed to intend what is meant in the submission by the words “ some properly in dispute.” It cannot be fairly construed to mean any other property, because p,o other property is mentioned in the pleadings ; and the demurrer seems to admit that no other property was'submitted.

Motion refused.

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