Boatwright v. Crosby
Supreme Court of South Carolina
Before Hydrick, J., Colleton, March, 1908. Action by Moses Boatwright against J. M. Crosby. From judgment for plaintiff, defendant appeals. cite: When deed will be declared mortgage: 31 S. C., 276. Parol evidence necessary to establish the fact: 52 S. C., 51; 3 Pom.
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Before Hydrick, J., Colleton, March, 1908. Action by Moses Boatwright against J. M. Crosby. From judgment for plaintiff, defendant appeals. cite: When deed will be declared mortgage: 31 S. C., 276. Parol evidence necessary to establish the fact: 52 S. C., 51; 3 Pom. Eq., sec. 1196. Presumption is deed is what it purports to be: 50 S. C., 171; 51 S. C., 192; 66 S. C., 85; 55 S. C., 51, 510. cites: When this Court may reverse finding below: 55 S. C., 198; 56 S. C., 151, 118; 70 S. C., 551; 11 S. C., 130; 58 S. C., 210; 57 S. C„ 102, 89; 15 S. C., 33.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action in which the plaintiff seeks the aid of the Court, in the exercise of its chancery powers, to have a deed, absolute in form, by the plaintiff to the defendant declared a mortgage.
The cause was referred to the master, to hear and determine all the issues, and he reported, “after some hesitancy,” that the deed was absolute in fact as well as upon its' face, and recommended that the complaint be dismissed.
On exceptions to the master’s report, his Honor, Judge Hydrick, reversed the conclusions of the master, whereupon the…
2Cited by2 opinions
- Dunn v. MillerSupreme Court of South Carolina · 1966
- Long v. LeaSupreme Court of South Carolina · 1935