Interstate B. & L. Ass'n v. McCartha
Supreme Court of South Carolina
Before Fraser, J., Richland, April, 1894. Action by the Interstate Building and Loan Association against J. P. MeCartha and the Loan and Exchange Bank of South Carolina, to foreclose a mortgage of J. P. McCartha, dated November 23,1891. The defendant bank offered judgment and decree of sale for the debt and interest, but denied liability for the fees of plaintiff’s attorneys, as claimed in the complaint. The Circuit Judge held with the bank, and the plaintiff appealed.
1Opinion of the Court
The opinion of the court was delivered by
Me. Chibe Justice MoIyee.
This was an action to foreclose a mortgage of real estate, given by the defendant McCartha to the plaintiff to secure the payment of a bond, to which the defendant bank has been made a party as a purchaser of the mortgaged premises subsequent to the execution of the mortgage. Copies of the bond and mortgage are set out in the “Case,” and should be incorporated in the report of the case. It is sufficient to say here that, amongst numerous other stipulations in the bond, it contains in the last paragraph thereof the following…
2Cases cited3 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Beekman v. FrostNew York Supreme Court · 1820
3Cited by7 opinions
- Moyle v. CampbellSupreme Court of South Carolina · 1923
- Bird v. KendallSupreme Court of South Carolina · 1901
- Equitable B. & L. Ass'n v. CorleySupreme Court of South Carolina · 1905
- Bamberg v. HarrisonSupreme Court of South Carolina · 1911
- Burriss v. OwenSupreme Court of South Carolina · 1907
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