Boozer v. Gunter

The opinion of the Court was delivered by

Mr. Justice Watts.

The respondent, T. J. Boozer, instituted this action in the Court of Common Pleas for Lexington County, March, 1921, against the appellants, Jerome R. Gunter et al., to foreclose a purchase-money mortgage executed by appellant, Gunter, on the 18th day of January, 1918, which mortgage, covered the tract of land mentioned and described in the complaint and set out in the case. The defendant appellant filed an answer in which he sets up a partial failure of consideration and fraud, and asks for a rescission of the contract or an…