Carraway v. Carraway
Supreme Court of South Carolina
Before Wallace, J., Georgetown, November, 1886. This action was commenced October 11, 1885. The order of reference was passed January 29, 1886, and the references were held during the summer of that year. The Circuit decree was as follows: From this state of facts, the only controversy in the case arises.
Read the full summary
Before Wallace, J., Georgetown, November, 1886. This action was commenced October 11, 1885. The order of reference was passed January 29, 1886, and the references were held during the summer of that year. The Circuit decree was as follows: From this state of facts, the only controversy in the case arises. Hirsch claims that notwithstanding the fact that his mortgage has never been recorded, it is good and valid as a mortgage as against debts in existence at the time of its execution, although their holders had no notice of the mortgage. The holders of these claims, which have been put into…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The action below was primarily for the partition of the real estate of one McG. Carraway, late of Georgetown County, among his heirs at law. The case was referred to a special referee, under an order requiring him, among other things, to report what liens existed upon the lands, with their character and priority. Quite a number of liens were .established against his heirs at law, one or more, to wit:
1. A mortgage of James F. Carraway, Sidney F. Carraway, McG. Carraway, and Elizabeth Green, to M. J. Hirsch, March 20, 1885, to…
2Cited by11 opinions
- Carroll v. Cash MillsSupreme Court of South Carolina · 1923
- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
- Armour & Co. v. RossSupreme Court of South Carolina · 1907
- Brown v. SartorSupreme Court of South Carolina · 1910
- Hinson v. Lexington State Bank (In Re Hinson)United States Bankruptcy Court, D. South Carolina · 1982
6 more not listed; retrieve them via the Exa API.