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Upon the whole, it appears to me, that there is sufficient evidence to induce a belief, that four payments were made, amounting to a sufficiency to discharge the debt, whether the receipts Were produced to Mr. Ellison or not. And if there was even more doubt than there is of that fact, yet as a settlement has been made, aud the defendant is in possession of a receipt in full, I do not think the evidence in the case would justify meto distil ib tiiat settlement.
The petition must be dismissed with costs of suit.
There was no appeal from this decree.
Document Info
Citation Numbers: 4 S.C. Eq. 122
Judges: Desaussure
Filed Date: 6/15/1810
Precedential Status: Precedential
Modified Date: 10/18/2024