McLaurin v. Eddins
Supreme Court of South Carolina
Before Moore, J., Chesterfield, April, 1919. Action to foreclose a mortgage by D. J. McEaurin against J. R. Eddins. From decree of foreclosure, plaintiff appeals. The decree of. the trial Court was as follows: This was an action to foreclose a real estate mortgage' given by defendant to plaintiff for $437.60, dated February 15, 1913, and due December 1, 1913, with interest after maturity at 6 per cent, per annum.
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Before Moore, J., Chesterfield, April, 1919. Action to foreclose a mortgage by D. J. McEaurin against J. R. Eddins. From decree of foreclosure, plaintiff appeals. The decree of. the trial Court was as follows: This was an action to foreclose a real estate mortgage' given by defendant to plaintiff for $437.60, dated February 15, 1913, and due December 1, 1913, with interest after maturity at 6 per cent, per annum. The defendant made answer, and the matter was referred to B. J. Douglass as special referee, who has reported his findings andD conclusions to the Court, to which the defendant has…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action to foreclose a mortgage. The facts are stated in the decree of his Honor, the Circuit Judge, which will be reported, except the formal part thereof.
1 The first question to be decided is: “Was the Circuit Court in error in holding that the mortgage could only secure the balance of the debt, at the end of 1913?”
In their printed argument the appellant’s attorneys say: “We are aware that Lindsay v. Garvin, 31 S. C. 259, 9 S. E. 862, 5. L. R. A. 219, sustains the Circuit Court on the first question, unless that case is…
2Cases cited2 opinions
- Salinas & Son v. EllisSupreme Court of South Carolina · 1887
- Lindsay v. GarvinSupreme Court of South Carolina · 1889