Legal Opinion

Ex Parte Cooley

Supreme Court of South Carolina

Decided May 10, 1904PublishedCited by 9 opinions

Before Purdy, J., Anderson, April, 1903. Petition by J. Matt Cooley to set aside foreclosure sale in Brown, Osborne & G>. against A. T. Newell et al.

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Before Purdy, J., Anderson, April, 1903. Petition by J. Matt Cooley to set aside foreclosure sale in Brown, Osborne & G>. against A. T. Newell et al. The following is the decree on Circuit, omitting formal order of resale: “J. Matt Cooley files his petition in the above stated cause, for the purpose of setting aside a sale made to' Brown, Osborne & Co. under order of Court in said cause, on November salesday, 1902. “The tract of land is known as the ‘home tract’ of A. T. Newell, and is referred to also as tract No. 2, containing three hundred and twenty-three acres, more or less, lying and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

In the case of Brown, Osborne & Co. against A. T. Newell and others, judgment was rendered foreclosing the junior mortgage of the plaintiff, Brown, Osborne & Co., and the senior mortgage of the defendant, J. Matt Cooley, against certain real estate of A. T. Newell, in Anderson County, S. C., and on salesday in November, 1902, the mortgaged lands were sold in several parcels, and Brown, Osborne & Co-, became purchasers of one of these parcels, the “home tract” No. 2 — 323 acres.

This proceeding was instituted by J. Matt Cooley to set…

2Cases cited5 opinions

  1. Schroeder v. YoungSupreme Court of the United States · 1896
  2. Herndon v. GibsonSupreme Court of South Carolina · 1893
  3. Alexander v. MesserveySupreme Court of South Carolina · 1892
  4. Toole v. JohnsonSupreme Court of South Carolina · 1901
  5. Ex parte Howlett v. GarnerSupreme Court of South Carolina · 1897

3Cited by9 opinions

  1. Appeal of PaslaySupreme Court of South Carolina · 1956
  2. Ex Parte Eastern Savings Bank, FSB v. SandersCourt of Appeals of South Carolina · 2007
  3. Farrow v. FarrowSupreme Court of South Carolina · 1911
  4. Courtenay Mfg. Co. v. Issaqueena MillsSupreme Court of South Carolina · 1936
  5. Ex Parte MooreCourt of Appeals of South Carolina · 2001

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