Legal Opinion

People's Loan & Exchange Bank v. Garlington

Supreme Court of South Carolina

Decided March 20, 1899PublishedCited by 21 opinions

Before Benet, J., Laurens, April, 1898. Foreclosure by People’s Loan and Exchange Bank of Laurens, S. C., v. John D. Garlington, John G. Williams et al.

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Before Benet, J., Laurens, April, 1898. Foreclosure by People’s Loan and Exchange Bank of Laurens, S. C., v. John D. Garlington, John G. Williams et al. The Circuit decree is as follows, omitting- formal parts: This action was begun January 8th, 1895. The defendant, John G. Williams, demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action as to him, which demurrer was overruled, and, a jury trial being waived, it was referred to a referee by order of the Court, to take: the testimony. The cause came on for a hearing before me at a special…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This was an action for foreclosure of a mortgage executed by the defendant, John D. Garlington, upon his interest in a certain tract of land known as “Spring Grove.” So far as this appeal is concerned, the only controversy is between the plaintiff and the defendant, John G. Williams, who, by his answer, “for a second defense, alleges that neither the plaintiff nor his alleged mortgagor has any title to or interest in Spring Grove,” having alleged, in his first defense, “that he is the owner, and entitled to retain the…

2Cases cited2 opinions

  1. Randall v. KreigerSupreme Court of the United States · 1875
  2. Hoffman v. HoffmanSupreme Court of Alabama · 1855

3Cited by21 opinions

  1. Westcott v. MeekerSupreme Court of Iowa · 1909
  2. Pinkham v. . MercerSupreme Court of North Carolina · 1946
  3. Earle v. MaxwellSupreme Court of South Carolina · 1910
  4. Pinkham v. Unborn Children of PinkhamSupreme Court of North Carolina · 1946
  5. Lowry v. LyleMichigan Supreme Court · 1924

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