National Bank of Newberry v. Livingston

Mr. Acting Associate Justice Graydon

(dissenting) : I regret that I am unable to concur with the leading opinion in this case and I will state the reasons for my dissent.

The statement of facts contained in the opinion of Mr. Justice Cothran are in the main correct as to material points except as to a statement on pages 2 and 3 that the Icard deed covers the timber on the Cooley place. This is a perfectly natural mistake, as will be shown herein, for the reason that the recitation in the Wheeler mortgage stated that the same was the identical tract of land on which Mrs. Livingston had recently…