Armstrong v. Austin
Supreme Court of South Carolina
Before Benet, J., Camden, January 30, 1895. Action by John A. Armstrong against Robert Austin for foreclosure of mortgage, commenced August 21, 1891. Judgment for defendant. Plaintiff appeals. The following is the master’s report: This is an action for the foreclosure of a mortgage on real estate. In 1871 John Goff and others gave a mortgage of the real estate in question to the plaintiff, J. A. Armstrong.
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Before Benet, J., Camden, January 30, 1895. Action by John A. Armstrong against Robert Austin for foreclosure of mortgage, commenced August 21, 1891. Judgment for defendant. Plaintiff appeals. The following is the master’s report: This is an action for the foreclosure of a mortgage on real estate. In 1871 John Goff and others gave a mortgage of the real estate in question to the plaintiff, J. A. Armstrong. Subsequently Goff • sold part of the land to the defendant, Robert Austin. The defendant, Austin, sets up the plea, first, that he was a purchaser without notice of encumbrance upon the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The only question presented by this appeal is whether the mortgage sought to be foreclosed in this action was duly recorded so as to affect the defendant, a subsequent purchaser of the mortgaged premises, with constructive notice of said mortgage.
In the complaint it is alleged, “that said mortgage was duly proved and, on the 13th day of February, A. D. 1872, recorded in the clerk’s office for Kershaw County, in the mortgage book No. 2, pages 356 and 357.” To this allegation the defendant, in his answer, responded as follows:…
2Cases cited2 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Chatham v. BradfordSupreme Court of Georgia · 1873
3Cited by6 opinions
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Mitchell v. ClevelandSupreme Court of South Carolina · 1907
- Greenwood Loan & Guarantee Ass'n v. ChildsSupreme Court of South Carolina · 1903
- Liberty Loan Corp. v. MumfordCourt of Appeals of South Carolina · 1984
- International Harvester Co. of America v. EmbodyMontana Supreme Court · 1931
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