Legal Opinion

Terry v. Husbands

Supreme Court of South Carolina

Decided July 29, 1898PublishedCited by 1 opinion

Before Townsend, J., Darlington, November, 1897. Foreclosure by Sarah A. Terry, as administratrix of J. W. Terry, v. W. H. Husbands.

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Before Townsend, J., Darlington, November, 1897. Foreclosure by Sarah A. Terry, as administratrix of J. W. Terry, v. W. H. Husbands. Judgment for defendant, plaintiff appeals. cite: Receipt should not have been admitted: 11 S. C., 549; 2 Speer, 600; 35 S. C., 206; 41 S. C., 125; 6 S. C., 76; 27 S. C., 366; 51 S. C., 499. Possession of papers is prima facie evidence of ownership and presumption of non-payment: 18 S. C., 594; 17 S. C., 485. cite: Incompetent testimony given without objection becomes competent: 3 S. C., 457. Rule as to proof of paper: 2 Speer, 714; 42 S. C., 446. Sec. POO does…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is a suit to foreclose a mortgage of real estate given by defendant, Husbands, to plaintiff’s intestate, J. W. Terry, and the contention below and here is as to the proof and validity of a lost receipt set up by the defendant for more than sufficient to satisfy the mortgage debt.

*71 1

*722 *70Appellant excepts, that the Circuit Court erred in sustaining the master in overruling the objection to the testimony of the defendant, Husbands, as to the contents of the receipt in question without proof of its legal existence. In reference to this…

2Cited by1 opinion

  1. Gardner v. City of Columbia Police DepartmentSupreme Court of South Carolina · 1950

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