Leland v. Morrison
Supreme Court of South Carolina
Before Gage, J., Charleston, September, 1911. Action by H. G. Beland against J. B. Morrison. The Circuit decree is: “The object of the action is to declare an instrument of writing to be a mortgage, which on its face appears to be a deed absolute. The action was begun January, 1911. “The defendant married the plaintiff’s sister and thus there is added to the issue an element of delicacy and difficulty.
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Before Gage, J., Charleston, September, 1911. Action by H. G. Beland against J. B. Morrison. The Circuit decree is: “The object of the action is to declare an instrument of writing to be a mortgage, which on its face appears to be a deed absolute. The action was begun January, 1911. “The defendant married the plaintiff’s sister and thus there is added to the issue an element of delicacy and difficulty. “A history of the transaction is this: in December, 1890, the plaintiff bought from one Sanders about 2,000 acres of land near McClellanville and known as the 'Doe Hall’ plantation. The price…
1Opinion of the Court
The opinion óf the Court was delivered by
Mr. Justice Watts.
This action was commenced by the plaintiff against the defendant on January 21, 1911, and was in a general nature an action to declare as a mortgage a deed, absolute in form, conveying realty and transferring personalty, dated October 25, 1894; for an accounting of the rents and profits of the realty and a partition and division ■ of the realty as between tenants in common. The answer denies that there was any understanding between the parties that the deed was a mortgage, and alleges that the deed was a deed absolute and the…
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