Pyross v. Fraser
Supreme Court of South Carolina
Before Krugi-i, J., Georgetown, November, 1907. Action by Richard Pyross against Jno. W. Fraser. From Circuit decree, defendant appeals. cites: Tender before maturity released him of mortgage: 2 Jones on Mtg., sec. 886; 25 E. A. Ann., 438; Code, 1902, sec. 2374-5; 36 S. C., 428; H. & McH., 136; 14 Me., 335, 22 S. E. R., 516; Salinas v. Bilis, 26 S. C.; 50 N. Y., 547. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought for the foreclosure of a mortgage on land in the city of Georgetown, given by the defendant to the plaintiff to secure a bond for the sum of two hundred and .fifty dollars, the purchase money of the land. The complaint alleged the balance due at the time of the commencement of the action to be $117 with interest and attorney’s fees. The defense alleged in the answer was, tender on 14th March, 1905, of the sum of $67, as the full amount then unpaid. The issues were referred, to a referee who reported that the…
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