Campbell v. Linder
Supreme Court of South Carolina
Before Witherspoon, J., Spartanburg, September, 1896. Action by T. J. Campbell against R. E. Linder, M. L. Linder and M. V. Smith, executor and executrix of Lee Linder, and Edna Littlejohn, to have deed declared mortgage. Judgment for plaintiff. Defendant, Edna Littlejohn, appeals. cite: Laches: 7 Rich. Eq., 260; 4 Rich. Eq., 366; 5 Rich. Eq., 370. Usury: 45 S. C., 611. cite: Once a mortgage always a mortgage: McM.
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Before Witherspoon, J., Spartanburg, September, 1896. Action by T. J. Campbell against R. E. Linder, M. L. Linder and M. V. Smith, executor and executrix of Lee Linder, and Edna Littlejohn, to have deed declared mortgage. Judgment for plaintiff. Defendant, Edna Littlejohn, appeals. cite: Laches: 7 Rich. Eq., 260; 4 Rich. Eq., 366; 5 Rich. Eq., 370. Usury: 45 S. C., 611. cite: Once a mortgage always a mortgage: McM. Eq., 13. Ustcry: 16 Stat., 325; Gen. Stat., 1288; 18 Stat., 35; 11 S. C., 412; 27 S. C., 119; 29 S. C., 131.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced after December 8th, 1894, and had for its object that the Court would adjudge the deed executed by the plaintiff, T. J. Campbell, to one Lee Linder, now deceased, on the 16th December, 1882, for about 193 acres of land, accurately described by metes and bounds in the complaint, which deed upon its face appears to be an absolute conveyance of said land, to be a mortgage executed by the plaintiff to said *170Lee Linder to secure a debt of $658.65, with interest thereon from 16th December, 1882, at the rate of ten…
2Cited by2 opinions
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