Legal Opinion

Land Mortgage Co. v. Gillam

Supreme Court of South Carolina

Decided May 11, 1897PublishedCited by 20 opinions

Before Gary, J., Edgefield, June, 1896. Action in foreclosure by the Band Mortgage Investment and Agency Company of America, Limited, against Mattie S. Gillam, S. B. Burton, and Bank of Edgefield, asking for a sale of the mortgaged premises and a judgment for deficiency, and was begun on 14th October, 1892. The complaint, which was served on the defendant, Mattie S. Gillam, on 23d November, 1892, alleges that on the 24th day of December, 1886, the plaintiff, at the request…

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Before Gary, J., Edgefield, June, 1896. Action in foreclosure by the Band Mortgage Investment and Agency Company of America, Limited, against Mattie S. Gillam, S. B. Burton, and Bank of Edgefield, asking for a sale of the mortgaged premises and a judgment for deficiency, and was begun on 14th October, 1892. The complaint, which was served on the defendant, Mattie S. Gillam, on 23d November, 1892, alleges that on the 24th day of December, 1886, the plaintiff, at the request of the defendant, Mattie S. Gillam, advanced and lent her the sum of $1,000, and thereupon the said defendant made and…

1Opinion of the Court

The opinions in this case were filed on April 3,1897, but the remittitur was stayed on petition for rehearing until

The opinion of the Court was delivered by

Mr. Justice Gary.

The facts out of which the issues herein arose, are set forth in the Case, and they, together with the decree of his Honor, Judge Gary, will be incorporated in the report of the case.

1 The appellant’s exception to the order of Judge Townsend is as follows: “Plaintiff excepts to the order of Judge Townsend, of 16th August, 1895, referring certain issues to a jury; because the said order is without jurisdiction and void, in…

2Cited by20 opinions

  1. Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
  2. Allison v. CrummeySupreme Court of Oklahoma · 1916
  3. Windham v. HowellSupreme Court of South Carolina · 1907
  4. Momeier v. John McAlister, Inc.Supreme Court of South Carolina · 1939
  5. Earle v. OwingsSupreme Court of South Carolina · 1905

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