Scottish American Mortgage Co. v. Deas
Supreme Court of South Carolina
Action by the Scottish American Mortgage Company, Limited, against Mary R. Deas and others, commenced September 26, 1889. The Circuit decree was as follows: This is an action to foreclose a mortgage of four hundred acres of land, executed and delivered by the defendant, Mary R. Deas, a married woman, to plaintiff, March 15th, 1884, to secure the payment to plaintiff of said defendant’s note of same date for $52,-500. The other defendants above named have been made parties as…
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Action by the Scottish American Mortgage Company, Limited, against Mary R. Deas and others, commenced September 26, 1889. The Circuit decree was as follows: This is an action to foreclose a mortgage of four hundred acres of land, executed and delivered by the defendant, Mary R. Deas, a married woman, to plaintiff, March 15th, 1884, to secure the payment to plaintiff of said defendant’s note of same date for $52,-500. The other defendants above named have been made parties as claiming interests in the premises embraced in said mortgage. It is admitted that on May 31st, 1889, there was a…
1Opinion of the Court
The opinion of the court was delivered by
Mit. Chief Justice MoIver.
The action in this case was for the foreclosure of a mortgage of real estate given by the defendant, Mrs. Mary R. Deas, to the plaintiff to secure the payment of sundry notes executed by her in favor of the plaintiff. This mortgage and these notes, bearing date 15th of March, 1884, it is admitted, were executed by Mrs. Deas, but she being a married woman at the time, the defence is, that the contract evidenced by these papers was not such an one as she was capable *49of making at the time, under the law as it then stood. The…
2Cited by2 opinions
- American Mortg. Co. of Scotland v. OwensU.S. Circuit Court for the District of South Carolina · 1894
- American Mortg. Co. of Scotland, Ltd. v. HartzogU.S. Circuit Court for the District of South Carolina · 1896