Harvin v. Galluchat
Supreme Court of South Carolina
This action was .to foreclose a mortgage to the extent of a sum which plaintiff claimed as equitable assignee. After a statement of the pleadings, the Circuit decree proceeded as follows: No demurrer was interposed upon the ground of a defect of parties defendant. At the hearing, an oral demurrer was interposed in behalf of both defendants, upon the ground that the complaint did not state facts sufficient to constitute a cause of action against either of said defendants.
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This action was .to foreclose a mortgage to the extent of a sum which plaintiff claimed as equitable assignee. After a statement of the pleadings, the Circuit decree proceeded as follows: No demurrer was interposed upon the ground of a defect of parties defendant. At the hearing, an oral demurrer was interposed in behalf of both defendants, upon the ground that the complaint did not state facts sufficient to constitute a cause of action against either of said defendants. A decision upon the oral demurrer was reserved, and the cause was heard upon the pleadings, testimony, and argument of…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The plaintiff, appellant, brought the action below against the respondents, alleging the following-facts in his complaint, to wit: That the respondent, Rosa C. Galluchat, owning an unimproved lot in the town of Manning, and desiring to erect a brick store house thereon, borrowed from respondent, McFaddin, $1,025, the payment of which she secured by a mortgage of the premises, covenanting therein that said sum would be expended in the construction of the proposed building; that the said Rosa C. employed one Joshua T. Carr to…
2Cited by3 opinions
- Southern General Factors, Inc. v. Parker Concrete Pile Co.District Court, E.D. South Carolina · 1964
- Globe Realty Co. v. HardyMississippi Supreme Court · 1928
- Yancey v. StarkSupreme Court of South Carolina · 1925