Legal Opinion

Koster v. Welch

Supreme Court of South Carolina

Decided March 30, 1900PublishedCited by 8 opinions

Before -Townsend, J., Charleston, August, 1899. ’ Foreclosure by John E. Koster against Juanita P. Welch, James F. Redding, City Council of Charleston and John F. Ficken. Plaintiff appeals.

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Before -Townsend, J., Charleston, August, 1899. ’ Foreclosure by John E. Koster against Juanita P. Welch, James F. Redding, City Council of Charleston and John F. Ficken. Plaintiff appeals. Failure of consideration not being pleaded/should not have been considered: 40 S. C., 265; 47 S. C., 183; 53 S. C., 348. Reasoning of Circuit Judge is no part of his judgment: 52 S. C., 36; 54 S. C., 314. Want of consideration cannot be set up against a’ sealed instrument: 44 S. C., 381; Cheves, 193; 53 S. C., 348; Dud., 30; 3 Hill., 48; 1 DeS. Eq., 332. Moral obligation is consideration: 2 Bail., 57; 42…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action to foreclose a *96mortgage hereinafter more particularly described. The answer of Juanita P. Welch to the complaint herein, after denying certain allegations, contains the following: “Por a partial defense to the alleged cause of action. That except as to a small portion thereof, the bond and mortgage mentioned in the * * * complaint were given without any consideration therefor.” The master, to whom all issues were referred, thus states the transaction in regard to the mortgage, after first showing from the testimony…

2Cited by8 opinions

  1. Alderman v. AldermanSupreme Court of South Carolina · 1935
  2. All v. PrillamanSupreme Court of South Carolina · 1942
  3. Sivell v. HoganSupreme Court of Georgia · 1903
  4. National City Bank of Chicago v. WagnerCourt of Appeals for the Seventh Circuit · 1914
  5. Sims v. ScheusslerCourt of Appeals of Georgia · 1909

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