Stackhouse v. Conerly
Supreme Court of South Carolina
Before Spain, J., Horry, Spring term, 1917. Action by W. G. Stackhouse against W. J. Conerly. Judgment for plaintiff, and defendant appeals. submit: The transaction between the parties was a sale of the land described in the deed and did not create a mortgage: 21 S. C. 400; 27 S. C. —; 3 Rich. Eq. (24 S. C. Eq.) 153; 31 S. C. 280; 90 S. C. 490; 103 S. C. 253; 52 S. C. 54; 90 S. C. 494 ; 73 S. E. 1038; 3 Pom.
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Before Spain, J., Horry, Spring term, 1917. Action by W. G. Stackhouse against W. J. Conerly. Judgment for plaintiff, and defendant appeals. submit: The transaction between the parties was a sale of the land described in the deed and did not create a mortgage: 21 S. C. 400; 27 S. C. —; 3 Rich. Eq. (24 S. C. Eq.) 153; 31 S. C. 280; 90 S. C. 490; 103 S. C. 253; 52 S. C. 54; 90 S. C. 494 ; 73 S. E. 1038; 3 Pom. Eq. 1195; 55 S. C. 70; 32 S. E. 816. submits : The facts are calculated to create a mortgage and not a sale of the land: 99 S. C. 31-36; Jones on Mortgage, sections 244-250-273-4-5-6; 90…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from a decree of Judge Spain overruling a report of special referee.
The exceptions, 12 in number, raise in the main one question, to wit: Was the deed conveying the land from the plaintiff to defendant an actual sale of the premises, with an accompanying agreement to repurchase in behalf of the plaintiff, or was this deed of conveyance, though absolute on its face, when taken in connection with the so-called bond Ofor title, and other circumstances surrounding the transaction, nothing but a mortgage to secure to the…
2Cases cited2 opinions
- Hamilton v. HamerSupreme Court of South Carolina · 1914
- Rush v. GreenSupreme Court of South Carolina · 1916
3Cited by3 opinions
- F. Gregorie & Son v. HamlinSupreme Court of South Carolina · 1979
- Mason v. FinleySupreme Court of South Carolina · 1924
- F. Gregorie & Son v. HamlinSupreme Court of South Carolina · 1979