Allen v. Petty
Supreme Court of South Carolina
Before Buchanan, J., Cherokee, Foreclosure by A. G. Allen against Harriet V. Petty et al. From Circuit decree, defendants appeal. cites : Plaintiff should not have been permitted to amend his reply: 24 S. C., 316; 49 S. C., 345; 19 Am.
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Before Buchanan, J., Cherokee, Foreclosure by A. G. Allen against Harriet V. Petty et al. From Circuit decree, defendants appeal. cites : Plaintiff should not have been permitted to amend his reply: 24 S. C., 316; 49 S. C., 345; 19 Am. R., 31. Defect of parties cannot be made by oral demurrer: 43 S. C., 394; 54 S. C., 203. Personal representative and heirs can set up claim of usury: 47 S. C., 408; 29 S. C., 508; 26 Ohio St., 59; 17 Kan., 355; 55 Ind., 341; 37 Ga., 364; 5 L. R. A., 465. Payments of usurious interest should be credited on note: 44 111., 405; 141 U. S., 384; 37 111., 331; 77…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
That part of the special master’s report which states the facts of the case is as follows: “This is an action brought by Mrs. A. G. Allen against the administrator of the estate of C. C. Petty, deceased, as well as against his heirs at law, to foreclose a mortgage given her by the said intestate. The note given by C. C. Petty to Mrs. Allen is as follows: ‘$600.00. Twelve months after date, I promise to pay to Mrs. A. G. Allen, or order, the sum of $600, for value received, with interest from date until paid at the rate of eight per…
2Cases cited2 opinions
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by12 opinions
- Welcome Wagon International, Inc. v. PenderSupreme Court of North Carolina · 1961
- Esposti v. Rivers Brothers, Inc.California Supreme Court · 1929
- Peterson v. BallCalifornia Supreme Court · 1931
- Earle v. OwingsSupreme Court of South Carolina · 1905
- Bird v. KendallSupreme Court of South Carolina · 1901
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