Mitchell v. Pinckney
Supreme Court of South Carolina
Before Hudson, J., Charleston, March, 1879. Nothing need be added to the statement of the case contained in the opinion of the court, except the Circuit decree, which is as follows: This cause was heard upon the pleadings and the testimony taken before the referee. The action is for the foreclosure of a mortgage, given for the purchase money of certain lots of land, with machinery, buildings and structure thereon, known as the Tyler Cotton Press..
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Before Hudson, J., Charleston, March, 1879. Nothing need be added to the statement of the case contained in the opinion of the court, except the Circuit decree, which is as follows: This cause was heard upon the pleadings and the testimony taken before the referee. The action is for the foreclosure of a mortgage, given for the purchase money of certain lots of land, with machinery, buildings and structure thereon, known as the Tyler Cotton Press.. The defence is a partial failure of consideration. It appears that on March 19th, A. D. 1874, under certain proceedings had in this court, in a…
1Opinion of the Court
The opinion of the court was delivered by
McGowan, A. J.
A. R. Mitchell, Robert Mure, S. Gourdin and James S. Gibbes, as A. R. Mitchell & Co., were the owners of the property in the city of Charleston known as “ The Tyler Cotton Press,” which consisted of the cotton press proper and several small lots adjacent. All the parties died except J. S. Gibbes, who, as survivor, in order to partition the property, instituted proceedings against the heirs and representatives of his deceased partners, entitled James S. Gibbes v. Anna J. Gourdin and others.
In this case an order was made for the sale of the…
2Cases cited1 opinion
- Pratt v. PhilbrookSupreme Judicial Court of Maine · 1851
3Cited by4 opinions
- Peoples Bank v. BramlettSupreme Court of South Carolina · 1900
- Seaboard Air Line Railway Co. v. JonesSupreme Court of South Carolina · 1922
- Ex Parte Patterson, Blatt v. BlountSupreme Court of South Carolina · 1922
- Raleigh & C. R. Co. v. Baltimore Nat. BankDistrict Court, D. South Carolina · 1941