Hamilton v. Hamer
Supreme Court of South Carolina
Before Si-iipp, J., Dillon, August, 1909. Action by Wm. A. Hamilton against W. M. Hamer and J. W. Hamer. From a decree dismissing the complaint, plaintiff appeals.
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Before Si-iipp, J., Dillon, August, 1909. Action by Wm. A. Hamilton against W. M. Hamer and J. W. Hamer. From a decree dismissing the complaint, plaintiff appeals. The facts are stated in the master’s report and the Circuit decree, which together with the exceptions thereto, are as follows: This action was commenced by the plaintiff against the defendant, W. M. Hamer, to compel the reconveyance, by said defendant to the plaintiff, of 87 acres of land, in said county, known as the Charity Hamilton lands, which land was deeded on January 3, 1894, by the plaintiff to said defendant, as is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for an accounting between the plaintiff and the defendant, W. M. Hamer, for pnoneys alleged to have been paid by the plaintiff to the latter at an usurious rate of interest on an alleged mortgage debt; to have a deed, absolute on its face, in conjunction with a contemporaneous written agreement, declared a mortgage; and to compel said defendant, W. M. Hamer, to convey the premises mentioned and described in said deed, to the plaintiff upon being paid the correct amount, if any, after being charged with the penalty of…
2Cases cited5 opinions
- Kennedy v. HillSupreme Court of South Carolina · 1908
- Lowry v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912
- Dinkins v. SimonsSupreme Court of South Carolina · 1914
- Bellamy v. Conway, Coast & Western R. R.Supreme Court of South Carolina · 1910
- Fishburne v. MinottSupreme Court of South Carolina · 1905
3Cited by9 opinions
- Brockington v. LynchSupreme Court of South Carolina · 1922
- F. Gregorie & Son v. HamlinSupreme Court of South Carolina · 1979
- Mason v. FinleySupreme Court of South Carolina · 1924
- Stackhouse v. ConerlySupreme Court of South Carolina · 1918
- Rush v. GreenSupreme Court of South Carolina · 1916
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