Barnwell v. Marion
Supreme Court of South Carolina
Before Gage J., Charleston, February, 1900. Foreclosure by Joseph W. Barnwell, trustee, and individually and as ag-ent and guardian, and Ann Joseph Wilson and Ellen F. Hayne against Sophia Frances Shepherd Marion. From decree ordering foreclosure, defendant appeals. cite: As to tiling papers with clerk: 50 S. C., 380. Tender discharges mortgage: 26 S. C., 337. He who seeks equity must do equity: 1 Flow., 56; McM.
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Before Gage J., Charleston, February, 1900. Foreclosure by Joseph W. Barnwell, trustee, and individually and as ag-ent and guardian, and Ann Joseph Wilson and Ellen F. Hayne against Sophia Frances Shepherd Marion. From decree ordering foreclosure, defendant appeals. cite: As to tiling papers with clerk: 50 S. C., 380. Tender discharges mortgage: 26 S. C., 337. He who seeks equity must do equity: 1 Flow., 56; McM. Ecp, 157; 20 Wall., 14; 109 U. S., 522; 18 Wall., 375; 1 Flow., 166; 5 How., 192. Party failing to do equity should have doubts and difficulties solved against him: 9 Wall., 788.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This.is the fourth appeal in this case — 54 S. C., 223 ; 56 S. C., 54; 58 S. C., 459. The action ivas commenced in January, 1898, for the foreclosure of a mortgage- on land's in the city of Charleston, on King, Rutledge and Shepherd streets, executed to secure bonds aggregating $40,000, payable May 22, 1897, with annual interest at seven per cent., from May 22, 1894, when executed. The case was heard upon the testimony as reported by the master, and the Circuit Court decreed for the foreclosure on February 7, 1900, for sums d'ue under…
2Cited by4 opinions
- First Carolinas Joint Stock Land Bank v. McNielSupreme Court of South Carolina · 1935
- South Amboy Trust Co. v. McMichael Holdings, Inc.New Jersey Court of Chancery · 1947
- Barnwell v. MarionSupreme Court of South Carolina · 1902
- Prudential Insurance Co. of America v. LemmonsSupreme Court of South Carolina · 1930