People's Loan & Exchange Bank v. Garlington
Supreme Court of South Carolina
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
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