Nathans v. Steinmeyer
Supreme Court of South Carolina
Before Aldrich, J., Charleston, August, 1898. Action by David Nathans, Alexander B. Nathans, and Jacob N. Nathans, surviving executors of Nathan Nathans, against John H. Steinmeyer, Eliza R. Steinmeyer, Mrs. A. C. Burger, Miss J. E. Weyman, John Vollers, administrator, and the devisees of Matilda Steinmeyer.
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Before Aldrich, J., Charleston, August, 1898. Action by David Nathans, Alexander B. Nathans, and Jacob N. Nathans, surviving executors of Nathan Nathans, against John H. Steinmeyer, Eliza R. Steinmeyer, Mrs. A. C. Burger, Miss J. E. Weyman, John Vollers, administrator, and the devisees of Matilda Steinmeyer. The Circuit Judge states the facts as follows: “This action, instituted on May 22d, 1895, is for the foreclosure of a mortgage of real estate in the city of Charleston, S. C. The mortgaged premises were sold and conveyed by the executors of Nathan Nathans to J. H. Steinmeyer, on March…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to foreclose a mortgage of real estate in the city of Charleston. The respondents made application for an order appointing a *392receiver on the ground that the mortgaged premises were • about to be sold in payment of delinquent taxes. This order was granted. Subsequently the case was heard upon the merits. The defense was partial failure of consideration by reason of a paramount outstanding title. This defense was overruled, as there had been no eviction, and as a mistake of title cannot be relieved against, if it is a…
2Cases cited1 opinion
- Abbott v. AllenNew York Court of Chancery · 1817
3Cited by6 opinions
- Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911
- Diseker v. Eau Claire Land & Improvement Co.Supreme Court of South Carolina · 1910
- Moore v. BeardSupreme Court of South Carolina · 1912
- Boozer v. GunterSupreme Court of South Carolina · 1923
- State v. HardeeSupreme Court of South Carolina · 1972
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