Interstate Building & Loan Ass'n v. Holland
Supreme Court of South Carolina
Before Benet, J., Edgefield, October, 1901. Foreclosure by Interstate Building and L,oan Association against J. A. Holland and Mrs. 'A. P. Holland, who purchased the lot in 1894. From Circuit decree, the plaintiff appeals. cite: The contract should be construed as a building and loan contract: 49 S. C., 408; 55 S. C., 316. It is error to give credit for admission fee: 15 Gray, 130; 7 Thomp. oil Corp., sec. 9708, note 19; 47 S. W., 71. cites: The relation between defendant…
Read the full summary
Before Benet, J., Edgefield, October, 1901. Foreclosure by Interstate Building and L,oan Association against J. A. Holland and Mrs. 'A. P. Holland, who purchased the lot in 1894. From Circuit decree, the plaintiff appeals. cite: The contract should be construed as a building and loan contract: 49 S. C., 408; 55 S. C., 316. It is error to give credit for admission fee: 15 Gray, 130; 7 Thomp. oil Corp., sec. 9708, note 19; 47 S. W., 71. cites: The relation between defendant and association is that of borrower and creditor: 62 S. C., 178; 57 S. C., 420. As to calculation of payments: 2 McC., 1;…
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 given by defendants, Holland, to the plaintiff association to secure his bond to the association for $2,000, money borrowed, which was also secured by an assignment or pledge of forty shares of the capital stock of said association held by the borrower. The defendant pleaded payment, usury and counter-claim. The trial resulted in the following decree of the Circuit Court, sustaining only the plea of payment: “The above stated action for the foreclosure of the mortgage set out in…
2Cases cited3 opinions
- Bird v. KendallSupreme Court of South Carolina · 1901
- Butler v. ButlerSupreme Court of South Carolina · 1901
- Equitable B. & L. Ass'n v. VanceSupreme Court of South Carolina · 1897
3Cited by6 opinions
- Columbian B. & L. Ass'n v. RiceSupreme Court of South Carolina · 1904
- Cunningham v. CunninghamSupreme Court of South Carolina · 1908
- Equitable B. & L. Ass'n v. CorleySupreme Court of South Carolina · 1905
- Fidelity Savings Ass'n v. Bank of CommerceWyoming Supreme Court · 1904
- Huggin v. Peoples Building & Loan Ass'nSupreme Court of South Carolina · 1932
1 more not listed; retrieve them via the Exa API.