Porter v. Jefferies
Supreme Court of South Carolina
Before NoetoN, J., Spartanburg, March, 1893. This was an action, commenced September 20, 1889, by B. C. Oliver, and after his death continued by John A. Porter and others as his executors, against John R. Jefferies and Eber C. Allen.
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Before NoetoN, J., Spartanburg, March, 1893. This was an action, commenced September 20, 1889, by B. C. Oliver, and after his death continued by John A. Porter and others as his executors, against John R. Jefferies and Eber C. Allen. Paragraphs 2, 3, and 6 of the answer were as follows: “2. The defendants admit signing note and mortgage referred to in the complaint, but allege that they signed them purely in capacity of executors of Woodward Allen, deceased, and that they did not mean to, nor did they, bind themselves personally or individually thereby, and that they received no personal…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice MoIver.
This action was originally commenced by R. C. Oliver, and upon his death continued in the name of his executors, the plaintiffs above named. The object of the action was to recover damages for the breach of covenants of warranty contained in a certain mortgage, a copy of which is set out in the “Case;” but as we propose to extract therefrom so much of the terms thereof as bear upon one of the points made by this appeal, it is unnecessary to set out the mortgage in extenso. It seems that Woodward Allen, of whose will the…
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