Aultman v. Utsey
Supreme Court of South Carolina
Before Izlar, J., Abbeville, This was an action by C. Aultman & Co. against Mattie Utsey. The Circuit deciee was as follows: The case was heard before me upon the pleadings and testimony taken by the master under an order of reference for that purpose. Full argument was made by the counsel on either side.
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Before Izlar, J., Abbeville, This was an action by C. Aultman & Co. against Mattie Utsey. The Circuit deciee was as follows: The case was heard before me upon the pleadings and testimony taken by the master under an order of reference for that purpose. Full argument was made by the counsel on either side. In reference to the pleadings, I will say in the outset that while the plea of purchaser for valuable consideration is not made specially and in the usual form, the issues raised are the same, and the answer is in effect a plea of purchaser for valuable consideration without notice, and in…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
On the first day of February, 1884, one F. M. Pope, being indebted at the time to plaintiffs and *565others to a large amount, executed a mortgage on a house and lot in the town of Ninety Six, to one Of. W. Connor, to secure the sum of ten thousand five hundred dollars, which Connor, in his testimony, says was intended to secure future advances, as well as the amount then really due. The amount really due on this mortgage ($5.045), Connor says was paid to him some time in the winter of 1884, though the mortgage was not cancelled, and…
2Cases cited2 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- May v. Le ClaireSupreme Court of the United States · 1871
3Cited by8 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- McDONALD v. WELBORNSupreme Court of South Carolina · 1951
- Moyle v. CampbellSupreme Court of South Carolina · 1923
- Martin v. RagsdaleSupreme Court of South Carolina · 1905
- National Bank of Newberry v. LivingstonSupreme Court of South Carolina · 1930
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