Groce v. Jenkins
Supreme Court of South Carolina
This appeal involves the question whether the complaint stated facts sufficient to constitute a cause of action. The complaint was as follows: The complaint of the above named plaintiff respectfully shows to the court as follows: 1. That on the twelfth day of September, 1879, one James L. Ballenger executed to plaintiff his three several notes, all bearing date of that day, one for three hundred and sixty 59-100 dollars, payable January 1, 1881; one for three hundred and…
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This appeal involves the question whether the complaint stated facts sufficient to constitute a cause of action. The complaint was as follows: The complaint of the above named plaintiff respectfully shows to the court as follows: 1. That on the twelfth day of September, 1879, one James L. Ballenger executed to plaintiff his three several notes, all bearing date of that day, one for three hundred and sixty 59-100 dollars, payable January 1, 1881; one for three hundred and ninety-two 57-100 dollars, payable January 1, 1882; and one for four hundred and twenty-four 66-100 dollars, payable…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
This was an action to foreclose a mortgage. The complaint, among other things, (let it be set out in the report of the case,) stated that one James L. Ballenger, in order to secure a debt due by him, executed to the plaintiff a mortgage of a certain tract of land particularly described, and containing 125 acres, “being the tract whereon the said Ballenger then lived, and a part of the Westley Gilreath lands;” that afterwards, in December, 1881, the said Ballenger sold and conveyed 75 acres of the mortgaged premises to the defendant,…
2Cases cited1 opinion
- Marston v. . SwettNew York Court of Appeals · 1876
3Cited by7 opinions
- Atlantic Coast Lumber Corp. v. MorrisonSupreme Court of South Carolina · 1929
- Hahn v. SmithSupreme Court of South Carolina · 1930
- Jumper v. Dorchester Lumber Co.Supreme Court of South Carolina · 1922
- Spratt Building & Loan Ass'n v. RoperSupreme Court of South Carolina · 1931
- Hahn v. SmithSupreme Court of South Carolina · 1930
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