Montague v. Best
Supreme Court of South Carolina
Before Townsend, J., Barnwell, July, 1902. Foreclosure by H. W. Montague, administrator of W. P. Wilcox, against Susan H. and B. B. Best. From Circuit order, defendants appeal. cite: Cir. Ct. Rule 28; 32 S. C., 203; 56 S. C., 298; 52 S. C., 511; Code, 195. cites; Code,-293; 13 S. C., 334; Code, 1902, sec. 2244; 55 S. C., 485; 20 Ency., 1 ed., 670; 74 N. Y., 832; 25 N. Y., 203.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action to foreclose a real' estate mortgage, and the main question now is as to the construction and effect of an order of reference to the master, the defendants having plead a general denial and payment, upon notice obtained from Judge Buchanan, at a regular term of the Court for Barnwell County, an order submitting the question of payment to a jury. Afterwards at chambers, in Bamberg County, plaintiff moved to set aside that order, and for an order of reference to the master, on the ground of excusable neglect in not…
2Cases cited3 opinions
- Ferguson v. HarrisonSupreme Court of South Carolina · 1891
- Bank of Hampton v. FennellSupreme Court of South Carolina · 1899
- Devereux v. McCradySupreme Court of South Carolina · 1897
3Cited by4 opinions
- Momeier v. John McAlister, Inc.Supreme Court of South Carolina · 1939
- Carmichael v. CarmichaelSupreme Court of South Carolina · 1918
- Greenwood Lumber Co. v. Cromer Et Ux.Supreme Court of South Carolina · 1954
- Jefferson Standard Life Insurance v. BoddieSupreme Court of South Carolina · 1942