Brown v. Brown
Supreme Court of South Carolina
Before Norton, J., Florence, October, 1891. This was an action by William E. Brown and James Brown, as executors, against Louisa A. Brown and others. So much of the Circuit decree as recited the facts, and passed upon the parol gifts, is stated in the opinion; so much as related to the question of usury was as follows: The Am. F. L. Mort.
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Before Norton, J., Florence, October, 1891. This was an action by William E. Brown and James Brown, as executors, against Louisa A. Brown and others. So much of the Circuit decree as recited the facts, and passed upon the parol gifts, is stated in the opinion; so much as related to the question of usury was as follows: The Am. F. L. Mort. Co., $7,500 and int. at 8 per cent, on its mortgage, dated June 28th, ’87. They admit that Mr. Brown never received a cent in person; that W. H. Duncan paid on mortgages and judgments for him $4,199.04; paid $3.50 to clerk, it is supposed for recording…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
John A. Brown departed this life in August, 1887, leaving a large body of lands, portions of which were heavily incumbered. A short time before his death, he made a will, the validity of which was contested by his daughter, Mary B. Brown, on the ground of incapacity at the time of its execution; but the will was established. All the said estate was devised to his two sons, James H. Brown and William E. Brown, in trust, to be managed and rented by them, and the rent applied to the payment of debts, giving them power to sell any or…
2Cases cited3 opinions
- Call v. PalmerSupreme Court of the United States · 1885
- Payne v. NewcombIllinois Supreme Court · 1881
- Brigham v. MyersSupreme Court of Iowa · 1879
3Cited by6 opinions
- Citizens' Bank v. HeywardSupreme Court of South Carolina · 1925
- American Freehold Land Mortg. Co. of London, Ltd. v. WhaleyU.S. Circuit Court for the District of South Carolina · 1894
- American Mortgage Co. v. WoodwardSupreme Court of South Carolina · 1909
- Anderson v. Cordell (In re Infinity Business Group, Inc.)United States Bankruptcy Court, D. South Carolina · 2013
- Whaley v. American Freehold Land-Mortg. Co. of LondonCourt of Appeals for the Fourth Circuit · 1896
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