Reid v. McGowan
Supreme Court of South Carolina
In this case, Mr. Justice McGowan did not sit at the hearing of the appeal. This was an action to foreclose two mortgages, commenced January 15, 1886. The first mortgage described the land as “the McGowan tract, containing 200 acres, and bounded by lands of Hollingsworth, Miller, Austin, and others.” In the second mortgage the land was described as “the home place, containing about 200 acres, bounded by lands of Reid, Golding, Hollingsworth, and Miller.”
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In this case, Mr. Justice McGowan did not sit at the hearing of the appeal. This was an action to foreclose two mortgages, commenced January 15, 1886. The first mortgage described the land as “the McGowan tract, containing 200 acres, and bounded by lands of Hollingsworth, Miller, Austin, and others.” In the second mortgage the land was described as “the home place, containing about 200 acres, bounded by lands of Reid, Golding, Hollingsworth, and Miller.” Defendant claimed that he intended to reserve 42 acres for his homestead, and to mortgage 200 acres of the 242 in the tract. Other matters…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The action below was brought to foreclose two mortgages executed by the appellant, McGowan, to the plaintiff, respondent, and covering the same tract of land described in the first mortgage as the McGowan tract, containing 200 acres, with certain boundaries; and in the second as the. home place, containing 200 acres, more or less, with nearly same boundaries as the first — the first intended to secure a bond of $1,000, and the second a bond of $859.20; the first being dated January 28, 1881, and the second December 15, 1881.
The…
2Cited by2 opinions
- Farmers & Merchants Bank v. HollidaySupreme Court of South Carolina · 1917
- In Re Fleishman-WilsonUnited States Bankruptcy Court, D. South Carolina · 1987