Townsend v. Yeomans 6 Rec. Co. Ch. (S.C.) 358

6 Rec. Co. Ch. (S.C.) 358

Thursday November the 11th 1731.

Friday 12 th November 1731.

Present His Excellency the Governour Col. Bull, Col. Fenwick, Joseph Wragg, and Thomas Wareing,43 Esquires.

Josephu Townsend et al Quer v. Gulielmu Yeomans et al Deftes

The governor and lour members here form a quorum, and at the session of April 26, 1722, only three members were present; but at both meetings the orders were made by consent of counsel, and no decrees were issued. By the act of 1721, a majority of the members was necessary for solemn hearings, until repealed by the act of 1746, when a majority of the resident members became the legal quorum (Stat., VII, 163, 192). At the time of this meeting, at least nine members were resident: Broughton, Bull, Fenwicke, Middleton, Skene, Waring, Wragg, Wright, and Yonge. John Hammerton was appointed in 1730 (McCrady, S. C. under the Royal Government, p. 801), but did not attend chancery sessions until 1733. The quorum for Council meetings was ordinarily five, but in emergency three could act. Apparently chancery adopted the same practice despite the law, although it was observed when decrees were issued.

Ordered per Consent That an Agreement Signed by the Complainant Townsend bearing date the Sixth day of July last, be made an Order of this Court.

Upon Motion óf Mr. Hume (of Council for the Defendant) and by Consent of Mr. Pinckney (of Council for the Complainant Townsend) It is Ordered That the Writt of Inquiry between the Partys at Comon Law be forthwith Executed, and Judgement Entered thereon, But Execution nevertheless to be Subject to the Order of this Court.

Townsend v. Yeomans

6 Rec. Co. Ch. (S.C.) 358

Case Details

Name

Townsend v. Yeomans

Decision Date

Nov 12, 1731

Citations

6 Rec. Co. Ch. (S.C.) 358

Jurisdiction

South Carolina

Court

Court of Chancery of South Carolina

References

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