Legal Opinion

Simms v. Phillips

Supreme Court of South Carolina

Decided March 11, 1896PublishedCited by 8 opinions

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…

2Cited by8 opinions

  1. Woodard v. Westvaco Corp.Supreme Court of South Carolina · 1995
  2. Carter v. FLORENTINE CORPORATION, INC.Supreme Court of South Carolina · 1992
  3. Woodard v. Westvaco Corp.Court of Appeals of South Carolina · 1993
  4. Muckenfuss v. FishburneSupreme Court of South Carolina · 1903
  5. Botany Bay Marina, Inc. v. TownsendSupreme Court of South Carolina · 1988

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API