Legal Opinion

Heath v. Haile

Supreme Court of South Carolina

Decided March 6, 1896PublishedCited by 11 opinions

Before Benet, J., Lancaster, March, 1895. Action by Heath, Springs & Co. against Joseph E. W. Haile, for damages for removal by him of certain buildings from lands mortgaged to the old firm by D. W. Draffin. The following is so much of the complaint as is necessary to understand the questions: 7th.

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Before Benet, J., Lancaster, March, 1895. Action by Heath, Springs & Co. against Joseph E. W. Haile, for damages for removal by him of certain buildings from lands mortgaged to the old firm by D. W. Draffin. The following is so much of the complaint as is necessary to understand the questions: 7th. That thereafter, on the 4th day of July, 1891, the said R. W. Draffin conveyed to the defendant, Joseph B. W. Haile, the said lot of land last above described, subject to the mortgage aforesaid to these plaintiffs. 8th. That on or about the 30th day of October, 1893, an action was commenced in the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The plaintiffs are the owners and holders of a mortgage on certain real estate, •executed by one R. W. Draffin, on the 30th of January, 1888, to secure the payment of a note for $7,000. On the 4th day of July, 1891, the said Draffin conveyed the mortgaged premises to the defendant herein; and after the death of .said Draffin, to wit: on the 30th day of October, 1893, the plaintiffs commenced an action against his heirs at law for a foreclosure of said mortgage, to which action the defendant herein was made a party defendant. In…

2Cases cited2 opinions

  1. Van Pelt v. . McGrawNew York Court of Appeals · 1850
  2. Lavenson v. Standard Soap Co.California Supreme Court · 1889

3Cited by11 opinions

  1. Planter's Bank v. Lummus Cotton Gin Co.Supreme Court of South Carolina · 1925
  2. Jaffe-Spindler Co. v. Genesco, Inc.Court of Appeals for the Fourth Circuit · 1984
  3. Spigener v. Provident Life, Etc., Ins. Co.Supreme Court of South Carolina · 1928
  4. Hubinger v. Central Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1899
  5. Genesco Inc. v. Monumental Life Insurance Co.District Court, D. South Carolina · 1983

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