Hellams v. Prior
Supreme Court of South Carolina
Before Benet, J., Laurens, October, 1901. Foreclosure by Hellams & Gray against H. G. Prior. John W. Carlisle, as executor of Simpson Bobo, intervened by petition and was made a party defendant, and in his answer sets up an equitable mortgage against the lands in question, his testator being the assignee of E. M. Cooper, who sold the land originally to Prior, and who had given him bond for title.
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Before Benet, J., Laurens, October, 1901. Foreclosure by Hellams & Gray against H. G. Prior. John W. Carlisle, as executor of Simpson Bobo, intervened by petition and was made a party defendant, and in his answer sets up an equitable mortgage against the lands in question, his testator being the assignee of E. M. Cooper, who sold the land originally to Prior, and who had given him bond for title. At instance of Carlisle, executor, the heirs at law of Cooper were also made parties defendant. The following is the Circuit decree: “On January 1, 1873, E. M. Cooper sold the defendant, Prior, the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of this case are set forth in the decree of his Honor, the Circuit Judge, which will be reported. The reasons assigned by the Circuit Judge and the authorities cited by him, are satisfactory to this Court in disposing of the questions presented by the pleadings.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.
2Cited by5 opinions
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