Whittle v. Jones
Supreme Court of South Carolina
Before DrVore, J., Edgefield, August, 1908. Action by J. D. Whittle, assignee of E. M. Mixon, against Elbe Brooks Jones, A. C. DePass and Scottish-American Mtg. Co., Eimited. Prom order remanding case for further evidence, defendants Elbe Brooks Jones and A. C. DePass appeal.
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Before DrVore, J., Edgefield, August, 1908. Action by J. D. Whittle, assignee of E. M. Mixon, against Elbe Brooks Jones, A. C. DePass and Scottish-American Mtg. Co., Eimited. Prom order remanding case for further evidence, defendants Elbe Brooks Jones and A. C. DePass appeal. Trial court should only have formulated judgment here: 26 S. C'., 391: 26 S. C., 560'; 62 S. C., 445; 37 S'. C., 145. Previous order refusing to remand is binding: 18 S. C., 602; 43 S. C., 299. Preponderance of evidence in favor of defendants: 44 S'. C., 540'; 67 N. E., 20; 75 111. App,, 585; 49 N. W., 809; 5 Am. St. R.,…
1Opinion of the Court
May 11, 1909. The opinion of the Court was delivered by This action was brought by J.D. Whittle, the assignee of F.M. Mixon, upon a sealed note and mortgage of real estate, given as security, made by Mrs. Ellie Brooks Jones, for the purchase money of a pressing club, its equipment and good will. This note was dishonored by the defendant, Mrs. Jones, who claimed that Mixson had misrepresented the value of the business, and hence that there was failure of consideration. The cause was referred to the master and after the filing of his report, the plaintiff applied to the Circuit Court for an…
2Cases cited4 opinions
- Wilson v. Township of YorkSupreme Court of South Carolina · 1895
- Farmers' Mutual Ins. Ass'n of Edgefield v. BerrySupreme Court of South Carolina · 1898
- Gregory v. PerrySupreme Court of South Carolina · 1903
- Whittle v. JonesSupreme Court of South Carolina · 1908
3Cited by1 opinion
- La Count v. General Asbestos & Rubber Co.Supreme Court of South Carolina · 1935