Marston v. Rivers

Mr. Justice Cothran :

I dissent from the conclusions reached in this appeal by Mr. Justice Blease upon the grounds which follow.

This is an action to foreclose a mortgage executed by the defendant, Rivers, to the Carolina Bond & Mortgage Company (hereinafter referred to as “the company”), securing a -note for $1,200.00, dated July 7, 1919, due July 1, 1922, with interest from date at 8 per cent, per annum, alleged to have been assigned for value to the plaintiff, Marston, on November 12, 1919, before its maturity.

The complaint is in the usual form, alleging the execution and delivery of the…