Simms v. Phillips
Supreme Court of South Carolina
Before Watts, J., Barnwell, August 23,1895. Motion for reference to take testimony, by Charles Carroll Simms, administrator of estate of John J. Maher, in foreclosure, against E. V. Philips and W. H. Kennedy, made before Judge Watts while holding special term in Barnwell County. Motion granted. Defendant, Phillips, appeals.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Gary.
This is an action brought to fore*150close a mortgage executed by the defendant, E. V. Phillips, to the late John J. Maher. The defendant, W. H. Kennedy, was made a party because he claimed some interest in the mortgaged premises subsequent to the rights of the late John J. Maher. The only answer filed in the case was that of E. V. Phillips.
The following statement of facts is set forth in the “Case:” At the time of the service of the summons and complaint the Court of Common Pleas for Barnwell County would have been in session but for the…
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- Muckenfuss v. FishburneSupreme Court of South Carolina · 1903
- Botany Bay Marina, Inc. v. TownsendSupreme Court of South Carolina · 1988
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