Legal Opinion

Ex Parte Powell

Supreme Court of South Carolina

Decided April 16, 1906PublishedCited by 2 opinions

Before Purdy, J., February 14, 1905, and J. P. Carey, special Judge, August, 1905, Richland. Bx parte Eliza J. Powell, in re G. W. Fetner, against J. W. Powell, T. G. Patrick ct al. From Circuit decrees, petitioner and defendant Patrick appeal.

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Before Purdy, J., February 14, 1905, and J. P. Carey, special Judge, August, 1905, Richland. Bx parte Eliza J. Powell, in re G. W. Fetner, against J. W. Powell, T. G. Patrick ct al. From Circuit decrees, petitioner and defendant Patrick appeal. The former cite: Debt evidenced, by bond being secured, its terms must be looked to to settle rate of interest: 26 S. C., 506; 43 S. C., 75; 58 S.- C., 186. cite: Mortgage securing bond may be referred to here to ñx rate of interest: Jones on Mtg., sec. 71; 18 S. C., 73, 145, GOO; 14 S. C., 341; 22 S. C., 279; 9 S. C., 344; 20 S. C., 40; 17' S. .0., 1.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

1 The appeal in this case has two branches. One is the appeal of T. G. Patrick from the decree of Judge Purdy, dated February 14, 1905, which involves the question as to the correct rate of interest for which the petitioner, Eliza J. Powell, is bound under her assignment to T. G. Patrick of a judgment as collateral. The material facts relevant to this controversy are as follows: On November 29, 1S88, defendant J. W. Powell executed to defendant T. G. Patrick his bond in the penal sum of $4,000, conditioned for the full sum of $2,000,…

2Cases cited4 opinions

  1. Dearman v. TrimmierSupreme Court of South Carolina · 1887
  2. Interstate B. & L. Ass'n v. McCarthaSupreme Court of South Carolina · 1895
  3. Ex Parte PowellSupreme Court of South Carolina · 1904
  4. Gunter v. AddySupreme Court of South Carolina · 1900

3Cited by2 opinions

  1. Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
  2. Young v. Corbitt Motor Truck Co.Supreme Court of South Carolina · 1929

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