Cunningham v. Cunningham
Supreme Court of South Carolina
Before Purdy, J., Laurens, May, 1907. Action by John Cunningham against R. N. Cunningham and the Perpetual Building and Loan Association. From Circuit decree, defendants appeal. No citations. cites: A negative pregnant plea to a sealed instrument is bad in absence of fraud or mistake: 11 Rich., 135; 44 S. C., 381; 53 S. C., 348. Deed absolute may be shown a mortgage by parol: 3 Pom. Eq.
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Before Purdy, J., Laurens, May, 1907. Action by John Cunningham against R. N. Cunningham and the Perpetual Building and Loan Association. From Circuit decree, defendants appeal. No citations. cites: A negative pregnant plea to a sealed instrument is bad in absence of fraud or mistake: 11 Rich., 135; 44 S. C., 381; 53 S. C., 348. Deed absolute may be shown a mortgage by parol: 3 Pom. Eq. Jur., sec. 1196; 70 S. C., 66; 41 S. C., 167; 31 S. C., 400; 17 S. C., 458; 1 Jones on Mtg., secs. 365, 379, 344; 18 la., 504; 15 Ency., 791. Duties of grantee as trustee: Plill on Trustees, 114, 317; 3 Hill,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In 1894 John Cunningham, plaintiff, through partition of the estate lands of his father, became owner of a tract of land in Laurens county containing about 473 acres. Thereafter, on July 36, 1895, he mortgaged said land to J. T. Johnson and W. R. Richey to secure a note for $600', payable November 26, 1897; and on December 2, 1896, -he mortgaged the said' land to Johnson & Richey to secure a note for $162, payable December 1, 1897. Judgments for foreclosure of these mortgages were entered on July 22, 1898, on the first named for…
2Cases cited2 opinions
- Nicholson v. Whitlock.Supreme Court of South Carolina · 1900
- Interstate Building & Loan Ass'n v. HollandSupreme Court of South Carolina · 1903
3Cited by3 opinions
- Ramage v. RamageCourt of Appeals of South Carolina · 1984
- Dupre v. Lexington CountySupreme Court of South Carolina · 1911
- Foster v. FosterCourt of Appeals of South Carolina · 2009