Summers v. Brice
Supreme Court of South Carolina
Before HudsoN, J., Fairfield, June, 1891. This was an action by J. W. Summers against Calvin Brice, to foreclose a mortgage given to plaintiff by John Vinson on February 20, 1889. This mortgage was not recorded until May 19, 1890, but defendant received notice of its existence through a letter mailed at Sherman, Texas, on January 10, 1890. The defendant claimed as a purchaser for valuable consideration without notice under deed from the same John Vinson, executed October 12,…
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Before HudsoN, J., Fairfield, June, 1891. This was an action by J. W. Summers against Calvin Brice, to foreclose a mortgage given to plaintiff by John Vinson on February 20, 1889. This mortgage was not recorded until May 19, 1890, but defendant received notice of its existence through a letter mailed at Sherman, Texas, on January 10, 1890. The defendant claimed as a purchaser for valuable consideration without notice under deed from the same John Vinson, executed October 12, 1889, and recorded March 25, 1890. The consideration of this deed is stated in the opinion of this court. The Circuit…
1Opinion of the Court
The opinion of the court was delivered by
Mr. JUSTICE Pope.
John Vinson and Calvin Brice were partners in merchandise, for some time prior to the fall of 1887, at White Oak, in Fairfield County, in this State. In November,. 1887, John Yinson surrendered the control of such business and removed with his family to Sherman, in the State of Texas. On *20617th June, 1887, John Vinson sold his plantation, known as the “home place,” to J. Y. Stewart at the price of $8,960, of which $2,000 was payable 1 November, 1887, and the balance in 1, 2, 3, and 4 years, with interest of 10 per cent, per annum, secured…
2Cases cited1 opinion
- Dickerson v. TillinghastNew York Court of Chancery · 1833
3Cited by6 opinions
- Kirton v. HowardSupreme Court of South Carolina · 1926
- Epps v. McCallum Realty CompanySupreme Court of South Carolina · 1927
- Armour & Co. v. RossSupreme Court of South Carolina · 1907
- State Ex Rel. Dyer v. City of LeaksvilleSupreme Court of North Carolina · 1969
- Tucker v. HudgensSupreme Court of South Carolina · 1925
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