Williams v. McManus
Supreme Court of South Carolina
Before Shipp, J., Lancaster, January, 1911. Action by John Williams against R. C. McManus. Plaintiff appeals. cite: Parol evidence is competent to show deed was intended as a mortgage: 45 S. C. 614; SI S. C. 398; 55 S. C. 51; 53 S. C. 547; 37 S. C. 489. Court will scrutinise transactions between mortgagor and mortgagee: 21 S. C. 898; 3 Pom.
Read the full summary
Before Shipp, J., Lancaster, January, 1911. Action by John Williams against R. C. McManus. Plaintiff appeals. cite: Parol evidence is competent to show deed was intended as a mortgage: 45 S. C. 614; SI S. C. 398; 55 S. C. 51; 53 S. C. 547; 37 S. C. 489. Court will scrutinise transactions between mortgagor and mortgagee: 21 S. C. 898; 3 Pom. Eq., sec. 1195; 55 S. C. 51; 53 S. C. 549; 43 S. C. 489; 82 S. C. 173; 37 S. C. 489; 15 S. C. 72; 41 S. C. 168; 14 S. C. 152; 21 S. C. 400; 24 S. C. 1; 28 S. C. 364. Tender: 26 S. C. 337; 16 S. C. 427. Meaning of “term is the essence of the contract:” Pom.…
1Opinion of the Court
March 2, 1912. The opinion of the Court was delivered by On September 6, 1906, John Williams was the owner of a certain tract of land in the town of Lancaster, and on that day made a deed to R.C. McManus for the property and McManus cotemporaneously made a bond for title for the said property due and payable September 1, 1907, for $174.00, and on September 1, 1908, for $174.00. That John Williams failed to pay the amount due September 1, 1907, and under ejectment proceedings June 5, 1908, issued out of magistrate's court, he was ejected from said property and since said time McManus has been…
2Cases cited2 opinions
- Brown v. Bank of SumterSupreme Court of South Carolina · 1899
- Davenport v. LatimerSupreme Court of South Carolina · 1898
3Cited by9 opinions
- First Nat. Bank of Wagener v. Glens Falls Ins. Co. of Glen FallsCourt of Appeals for the Fourth Circuit · 1928
- Bryan v. BoydSupreme Court of South Carolina · 1915
- In Re Carolina Utilities Supply Company, Inc.United States Bankruptcy Court, D. South Carolina · 1990
- Mason v. FinleySupreme Court of South Carolina · 1924
- Rush v. GreenSupreme Court of South Carolina · 1916
4 more not listed; retrieve them via the Exa API.