Legal Opinion

Mitchell v. Mitchell

Supreme Court of South Carolina

Decided November 9, 1894PublishedCited by 4 opinions

Before Hudson, J., Lexington, September, 1893. Action by Sarah B. Mitchell against John A. G. Mitchell, U. X. Gunter, H. D. Derrick, assignee, T. B. Kernaghan, X. B. Dial, and Buth B. Dial, commenced January 12,1893. The Circuit decree was as follows: This is an action brought by Sarah B. Mitchell, wife of J. A. Jeter Mitchell, against her husband, to foreclose certain mortgages she holds against his real estate.

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Before Hudson, J., Lexington, September, 1893. Action by Sarah B. Mitchell against John A. G. Mitchell, U. X. Gunter, H. D. Derrick, assignee, T. B. Kernaghan, X. B. Dial, and Buth B. Dial, commenced January 12,1893. The Circuit decree was as follows: This is an action brought by Sarah B. Mitchell, wife of J. A. Jeter Mitchell, against her husband, to foreclose certain mortgages she holds against his real estate. To this antion certain judgment and mortgage creditors of the said J. A. J. Mitchell are made parties defendant. To the suit to foreclose, these defendants claim against the…

1Opinion of the Court

The opinion of the court was delivered by

Me. Justice Pope.

This action came on for trial before his honor, Judge Hudson, at the Fall Term, 1893, of the Court of Common Pleas for Lexington County, in this State. His honor filed his decree on the 23d day of November, 1893. All parties acquiesce in the decree, except that the plaintiff has appealed from the findings of fact and conclusions of law therein, whereby her bond, in the penalty of $11,050.64, conditioned to pay $5,525.32, with interest thereon from the 18th February, 1887, at ten per cent, per annum, together with the two mortgages on…

2Cases cited1 opinion

  1. Toof v. MartinSupreme Court of the United States · 1871

3Cited by4 opinions

  1. First Carolinas Joint Stock Land Bank v. KnottsSupreme Court of South Carolina · 1939
  2. Marion, Receiver v. WestonSupreme Court of South Carolina · 1923
  3. In re Hoffman Associates, Inc.Court of Appeals for the Fourth Circuit · 1993
  4. Commonwealth v. FisherMassachusetts Supreme Judicial Court · 2023

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