Holland v. Jones
Supreme Court of South Carolina
Before Townsend, J., Raurens, Action in foreclosure by Holland and Fowler against R. B. and Emma Jones. The following is the Circuit decree: This case was heard by me upon the pleadings and testimony taken by a special referee. On the 31st day of January, 1891, the defendant, R. B. Jones, executed to the plaintiffs his promissory note for the sum of $276.50, payable November 1st after date, with interest at eight per cent, per annum from date.
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Before Townsend, J., Raurens, Action in foreclosure by Holland and Fowler against R. B. and Emma Jones. The following is the Circuit decree: This case was heard by me upon the pleadings and testimony taken by a special referee. On the 31st day of January, 1891, the defendant, R. B. Jones, executed to the plaintiffs his promissory note for the sum of $276.50, payable November 1st after date, with interest at eight per cent, per annum from date. In order to secure the payment of said note, the said defendant, on the same day, made, executed, and delivered to the plaintiffs a mortgage on a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
All the facts underlying this contention are abundantly stated in the decree of his Honor, Judge Townsend, which decree must be reported. The exceptions will also be reported. Whenever there is any allegation of fraud, q. court of equity is, and should be, careful to probe the facts to the bottom, in order that, if it exists, it may be exposed and punished. A careful examination of the testimony has failed to disclose that either one of the defendants has any cause for complaint on this point. It is true, that one of the mules sold by.…
2Cited by3 opinions
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- Wilkins v. BakerSupreme Court of South Carolina · 1907