Utley v. Cavender
Supreme Court of South Carolina
Before Fraser, J., Richland, November, 1888. This was an action of foreclosure by IT. Gr. Utley, assignee of the executors of David Utley, against Thomas S. Cavender and his junior lien creditors.
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Before Fraser, J., Richland, November, 1888. This was an action of foreclosure by IT. Gr. Utley, assignee of the executors of David Utley, against Thomas S. Cavender and his junior lien creditors. The Circuit decree was as follows : The master’s report, dated October 20, 1888, finds that there was then due to plaintiff on his bond and mortgage the sum of $9,564.64, and that there had been, since the hearing, paid thereon the sum of $7,500, leaving a balance then due of $2,064.64. Plaintiff’s bond and mortgage bear date May 6, 1881, and are conditioned for the payment of $7,000 in five years,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chiee Justice Simpson.
This was an action to fore*286close a mortgage given by the defendant, Cavender, to one David Utley, under whom the plaintiff claims. The other defendants were lien creditors. The decree of his honor', Judge Fraser, hereto appended, sufficiently states the facts.
It appears that the mortgage was given to secure the payment of a bond dated May 6, 1881, for a large amount, borrowed money, payable five years after date, with interest at seven per cent, payable semi-annually. Various payments were made on this note up to November 10,…
2Cited by2 opinions
- Union Mortgage Banking & Trust Co. v. HagoodU.S. Circuit Court for the District of South Carolina · 1899
- Goodlett v. GoodlettSupreme Court of South Carolina · 1915