McFadden v. Clark
Supreme Court of South Carolina
. Before Smith, J., Columbia, May, 1916. Suit by A. D. McFaddin, master, against Washington Clark and another, for foreclosure of a mortgage given the master to secure the purchase money for lands sold by him. Order overruling objection by defendants to plaintiff’s right to bring action, and defendants appeal. Mr. Edmunds cites: Code Civ.
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. Before Smith, J., Columbia, May, 1916. Suit by A. D. McFaddin, master, against Washington Clark and another, for foreclosure of a mortgage given the master to secure the purchase money for lands sold by him. Order overruling objection by defendants to plaintiff’s right to bring action, and defendants appeal. Mr. Edmunds cites: Code Civ. Proc., secs. 160, 162. As to method of objection: 6 S. C. 119; 13 S. C. 430; 54 S. C. 227. Issue as to real party in interest: 45 N. Y. 468; Pom. Code Rem. (4th ed.), secs. 66, 525, 533, 547. cite: As method of objection: 69 S. C. 40; 72 S. C. 39; 65 S. C.…
1DissentChief Justice Gary
This is an appeal from an Order overruling' the objection interposed by the defendants that the plaintiff did not have the right to bring the action, to foreclose the mortgage given to secure payment 'of the bonds hereinafter mentioned, on the ground that he was not the real party in interest. The plaintiff contended that such an objection could not be entertained, unless it was made by demurrer or answer; and his Honor, the Circuit Judge, so ruled.
In the present case the question whether the plaintiff is the real party in interest is very important, as it is contended by the defendants that…
2Cases cited2 opinions
- Haygood v. BoneySupreme Court of South Carolina · 1895
- Parker v. Victoria Real Estate Co.Supreme Court of South Carolina · 1916