Rigby v. Logan
Supreme Court of South Carolina
Before Witherspoon, J., Clarendon, April, 1895. Action in foreclosure by S. A. Rigby against Frances A. Logan. The following is the Circuit decree: This is an action to foreclose a mortgage of 487 acres of land, executed by the defendant to the plaintiff, January 29th, 1891. The mortgage was executed to secure the payment of defendant’s bond of even date, conditioned to pay plaintiff $650 on or before January 1st, 1892, with interest from date at the rate of eight per cent.,…
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Before Witherspoon, J., Clarendon, April, 1895. Action in foreclosure by S. A. Rigby against Frances A. Logan. The following is the Circuit decree: This is an action to foreclose a mortgage of 487 acres of land, executed by the defendant to the plaintiff, January 29th, 1891. The mortgage was executed to secure the payment of defendant’s bond of even date, conditioned to pay plaintiff $650 on or before January 1st, 1892, with interest from date at the rate of eight per cent., and also all debts on accounts thereafter contracted up to 1st January, 1892, as shown by plaintiff’s books of account,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts in this case are stated in the .decree of his Honor, Judge Witherspoon, which, together with the exceptions, will be set out in the report of the case, except the formal part of said decree ordering the sale of the property.
1 The first and second exceptions will be considered together. In the case of Gibson v. Hutchins, 43 S. C., 287, the Court says: “The notes which were discounted by J. D. Verner were executed while the act of 1887 was of force, which provides that: ‘All conveyances, *658mortgages, and like formal instruments…
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