Middleton v. Cockfield
Supreme Court of South Carolina
Action by C. F. Middleton and others, copartners trading as Middleton & Co., against J. A. Cockfield and the Home Fertilizer & Chemical Company and the Farmers & Merchants National Bank of Lake City.
Read the full summary
Action by C. F. Middleton and others, copartners trading as Middleton & Co., against J. A. Cockfield and the Home Fertilizer & Chemical Company and the Farmers & Merchants National Bank of Lake City. From a judgment for plaintiffs, the last named defendants appeal. cite: As to competency of testimony: 92 S. C. 501; 71 S. C. 250. As to payment of mortgage: 27 Cyc. 1885; 35 S. C. 398. As to effect of assignment: 103 S. C. 227; 27 Cyc. 1436; 20 S. C. 381; 7 Rich. 400, 406. As to effect of reassignment: 100 S. C., p. 28; 6 S. C. 159; 38 S. C„ pp. 148-152; 43 S. C. 287; 45 S. C. 86. Is the hank…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to foreclose a mortgage of real estate, dated January 16, 1913, and given by J. A. Cock-field to Farmers & Merchants Bank to secure his note for $1,090.76.
On November 2, 1914, J. A. Cockfield conveyed the land to H. W. Cockfield, subject to the mortgage to the bank, payment of which was assumed by H. W. Cockfield.
On November 3, 1914, H. W. Cockfield mortgaged the land to S. R. Cockfield to secure his note for $2,500 which was assigned before maturity to Home Fertilizer & Chemical Company.
On February 2, 1915,…
2Cases cited2 opinions
- Chambers v. BookmanSupreme Court of South Carolina · 1903
- Wait v. WilliamsSupreme Court of South Carolina · 1917
3Cited by6 opinions
- McFaddin v. BlandSupreme Court of South Carolina · 1928
- Bank of Charleston v. OatesSupreme Court of South Carolina · 1931
- Noland v. LawSupreme Court of South Carolina · 1933
- Marston v. RiversSupreme Court of South Carolina · 1927
- Ex Parte Cockfield Middleton & Co. v. CockfieldSupreme Court of South Carolina · 1922
1 more not listed; retrieve them via the Exa API.