Brown, Osborne & Co. v. Newell
Supreme Court of South Carolina
Before Hudson, special Judge, Anderson, December, 1900. Foreclosure by Brown, Osborne & Co., in their own. right and as assignees of L. R. Watson, D. N. Greer, and Jos. J. Fretwell, against A. T. Newell, J. W. ‘Hardin, Brock Bros., W. A. Neal, Bank of Anderson and J. Matt. Cooley.
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Before Hudson, special Judge, Anderson, December, 1900. Foreclosure by Brown, Osborne & Co., in their own. right and as assignees of L. R. Watson, D. N. Greer, and Jos. J. Fretwell, against A. T. Newell, J. W. ‘Hardin, Brock Bros., W. A. Neal, Bank of Anderson and J. Matt. Cooley. The issues of law and fact were referred to- R. Y. H. Nance, who filed the following report, omitting formal parts and such as do not bear on the main question: “I. I find that the defendant, A. T. Newell, on or about November 5th, 1897, executed and delivered to J. Matt. Cooley for J. W. Hardin, his certain sealed…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was begun on the 10th day of March, 1900. Its object was the foreclosure of certain mortgages on lands and personal property belonging to the defendant, A. T. Newell, which said mortgages were owned by the plaintiffs, and also to- ascertain what other liens, whether by mortgage or judgment, existed as to said estate and personal property, together with the priorities of the same. Upon the coming in of the answers, an order of reference was made on the 13th June, 1900, by Judge Buchanan- of all the -issues of law and fact…
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