Verner v. Perry
Supreme Court of South Carolina
Before Watts, J., Greenville, January 10,1895. The action was originally brought to foreclose a certain mortgage set out in the complaint, and all persons holding liens upon the mortgaged property were made parties.
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Before Watts, J., Greenville, January 10,1895. The action was originally brought to foreclose a certain mortgage set out in the complaint, and all persons holding liens upon the mortgaged property were made parties. Among these parties are Joseph P. Latimer, who holds a mortgage dated November 7th, 1891, and recorded May 13th, 1892, and William H. Perry, who holds as assignee a judgment in favot of W. B. Beattie, as cashier of the National Bank of Greenville, entered in the clerk’s office on November 16th, 1891. The mortgage and judgment roll were both put in evidence at the hearing before…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was begun by the plaintiffs against the defendants on the equity side of the Court of Common Pleas for Greenville County, in this State, and came on for trial before his Honor, Judge Watts, at the fall term, 1894, of said Court. The decree sustained the master’s report, and was against the defendant, W. H. Perry; whereupon he appealed to this Court upon five grounds. He has abandoned three, leaving the following to be heard and considered by this Court:
IV. That the Circuit Judge erred in ignoring the motion of defendant, W.…
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