Legal Opinion

Barnwell v. Marion

Supreme Court of South Carolina

Decided February 21, 1902PublishedCited by 5 opinions

Before Benet, J., Charleston, July, 1901. Foreclosure by Joseph W. Barnwell, trustee, et al., against Sophia F. S. Marion.

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Before Benet, J., Charleston, July, 1901. Foreclosure by Joseph W. Barnwell, trustee, et al., against Sophia F. S. Marion. From order of Circuit Court ordering resale, and not accepting proffered compliance of defendant with her bid, she appeals. cite: As to releasing mortgage lien: 23 Stat., 347. Delay in complying, is no ground for resale: 16 S. C., 496. This order conflicts with previous order of sale, and is therefore void: 29 S. C., 345; '27 S. C., 171; 58 S. C., 482; 32 S. C., 509. cite: Master may collect bonds or assign them: 14 Rich. Eq., 5. As to report of sales: 1 Foster’s Fed.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

This is the fifth time this cause has been on appeal to this Court, and we had well hoped that our last decision, affirming the decision of the Circuit Court, wherein decrees were pronounced in favor of the six persons whose rights were protected by the mortgage of lands against the defendant, Mrs. Marion, and also wherein the lands mortgaged by Mrs. Marion to secure said debts should be sold by the master, Mr. G. H. Sass, for the purpose of paying such debts, would forever end the contention of the parties to this action. But now, so…

2Cases cited1 opinion

  1. Barnwell v. MarionSupreme Court of South Carolina · 1901

3Cited by5 opinions

  1. Ex Parte FloydSupreme Court of South Carolina · 1928
  2. Carolina Baking Co. v. GeilfussSupreme Court of South Carolina · 1933
  3. Porter v. J. H. Hydrick Realty Co.Supreme Court of South Carolina · 1926
  4. Locklair v. RaybournSupreme Court of South Carolina · 1940
  5. Prudential Insurance Co. of America v. CarmonSupreme Court of South Carolina · 1928

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