Peake v. Renwick
Supreme Court of South Carolina
Before Gary, J., Union, May, 1908. Action by C. H. Peake, master for Union county, against John W. Renwick and Cornelia Herndon. From circuit judgment, plaintiff appeals. cite: Compliance after knowledge of the facts is binding: 13 S. C., 203; 41 S. C., 515; 34 S. C., 559. No discount permissible here: 9 Rich., 521; 13 S. C., 203; 41 S. C., 511; 2 Speer., 9. cite: Party may act on information received from one who should know: 2 Pom. Eq.
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Before Gary, J., Union, May, 1908. Action by C. H. Peake, master for Union county, against John W. Renwick and Cornelia Herndon. From circuit judgment, plaintiff appeals. cite: Compliance after knowledge of the facts is binding: 13 S. C., 203; 41 S. C., 515; 34 S. C., 559. No discount permissible here: 9 Rich., 521; 13 S. C., 203; 41 S. C., 511; 2 Speer., 9. cite: Party may act on information received from one who should know: 2 Pom. Eq. Jur., secs. 895, 888. Defendants could get information from no other source: 22 S. C., 32; 16 Ency., 803; 2 Pom. Eq. Jur., sec. 895, 891; Eaton on Eq., 299,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice PIydrick.
This was an action to foreclose a mortagage given by defendants to plaintiff, as master, for the credit portion of the purchase price of a lot in the town of Union, sold under order of Court for partition amongst the heirs of C. C. Culp.
By mistake, the lot, as described in the complaint, in the advertisement for sale, and in the master’s deed to defendants and their mortgage to him, included a lot which had been sold by Mr. Culp some years before his death to Dolly Ann Hawkins, upon which there were valuable improvements —…
2Cases cited2 opinions
- Latimer v. WhartonSupreme Court of South Carolina · 1894
- Peoples Bank v. BramlettSupreme Court of South Carolina · 1900
3Cited by5 opinions
- Checkley & Co. v. Citizens National BankIllinois Supreme Court · 1969
- Swanson v. BaldwinSupreme Court of Iowa · 1957
- Halsey v. Minnesota-South Carolina Land & Timber Co.Court of Appeals for the Fourth Circuit · 1928
- Moore v. BeardSupreme Court of South Carolina · 1912
- Checkley & Co. v. Citizens National BankAppellate Court of Illinois · 1968