Hyatt v. McBurney
Supreme Court of South Carolina
This is a motion to dismiss an appeal from a final judgment upon the ground that this appellant had given notice of appeal from an intermediate decree in the cause, but had failed to perfect his appeal, thereby waiving it.
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This is a motion to dismiss an appeal from a final judgment upon the ground that this appellant had given notice of appeal from an intermediate decree in the cause, but had failed to perfect his appeal, thereby waiving it. The notice which was claimed to be the notice of appeal from the intermediate decree was as follows : “ The defendant, Caroline Carson, excepts for the purpose of an appeal to the Supreme Court to so much of the decree of his Honor Judge Pressley as decides that the plaintiff has a valid mortgage on the property mentioned in the pleadings, or any lien thereon superior to…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
In this case the plaintiff respondent instituted an action to foreclose a mortgage covering a tract of land in Charleston county claimed by the defendant Mrs. Caroline Carson by virtue of an alleged older mortgage and a sale thereunder through proceedings in the United States Court. The case was heard first by Judge Pressley in April, 1880. The main question at that hearing was whether the mortgage under which Mrs. Carson claimed had been satisfied.
This question had previously been made in the United States Court as between…
Also in this document: Per curiam.
2Cited by2 opinions
- Montgomery & Crawford, Inc. v. Arcadia MillsSupreme Court of South Carolina · 1934
- Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903