Hibernian Savings Institution v. Luhn
Supreme Court of South Carolina
Before Fraser, J., Charleston, This was an action brought by The Hibernia Savings Institution of Charleston against Josephine S. Luhn in January, 1889, to foreclose a mortgage executed in January, 1885. The master reported as follows: The complaint in this action is brought for the foreclosure of a mortgage, executed by the defendant to the plaintiff, under date of 23rd January, 1885, to secure her bond of even date, conditioned for the payment of $1,800, on the 18th…
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Before Fraser, J., Charleston, This was an action brought by The Hibernia Savings Institution of Charleston against Josephine S. Luhn in January, 1889, to foreclose a mortgage executed in January, 1885. The master reported as follows: The complaint in this action is brought for the foreclosure of a mortgage, executed by the defendant to the plaintiff, under date of 23rd January, 1885, to secure her bond of even date, conditioned for the payment of $1,800, on the 18th January, 1886, with interest after maturity at the rate of 7 per cent, per annum, payable semi yearly in advance. The complaint…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was an action to foreclose a mortgage, and the defence was that the defendant, being a married woman at the time, had no power to make the contract evidenced by the bond and mortgage upon which the action was based. In the complaint it is alleged that the defendant made and executed the bond and mortgage in question to the plaintiff, and in the original answer defendant admits this allegation, “but alleges that at the time of the execution and delivery of the bond and mortgage mentioned, this defendant was a married woman ; that…
2Cited by6 opinions
- Overland National Bank v. HalvestonIdaho Supreme Court · 1921
- Temples v. Equitable Mortgage Co.Supreme Court of Georgia · 1897
- Kriz v. PeegeWisconsin Supreme Court · 1903
- American Mortg. Co. of Scotland v. OwensCourt of Appeals for the Fourth Circuit · 1896
- American Mortg. Co. of Scotland v. OwensU.S. Circuit Court for the District of South Carolina · 1894
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