Legal Opinion

Williams & Co. v. Paysinger

Supreme Court of South Carolina

Decided April 18, 1881No. CASE No. 1027PublishedCited by 2 opinions

Before Wallace, J., Newberry, May, 1880. Action by George W. Williams & Co. against Thomas M. Paysinger, David H. Wheeler, David B. Werts and James M. Sanders. The case is fully stated in the opinion. The facts appear only in the report of the referee.

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Before Wallace, J., Newberry, May, 1880. Action by George W. Williams & Co. against Thomas M. Paysinger, David H. Wheeler, David B. Werts and James M. Sanders. The case is fully stated in the opinion. The facts appear only in the report of the referee. He reports that at the time the new notes and mortgage were given by Sanders to Pay-singer, these securities were intended to satisfy the old mortgage, and that the clerk of the court was requested to mark the former mortgaged satisfied; but it nowhere appears in the brief whether such entry of satisfaction was ever made.

1Opinion of the Court

The opinion of the court was delivered by

McGowAN, A. J.

This action was commenced against Thomas M. Paysinger alone for the purpose of foreclosing a mortgage of a tract of land known as the “ Santee Place.” Before sale, D. H. Wheeler and D. B. Werts, who claimed to hold other mortgages on the same tract of land, were made parties. It appears that one Stephens sold the land to James H. Sanders for $1550, November 22a, 1869, and took from Sanders three notes and a mortgage to secure the purchase money. The mortgage was recorded January 19th, 1870. Stephens assigned the notes and mortgage to…

2Cases cited1 opinion

  1. Swarthout v. . CurtisNew York Court of Appeals · 1851

3Cited by2 opinions

  1. Carolina National Bank v. City of GreenvilleSupreme Court of South Carolina · 1914
  2. Land v. ReeseSupreme Court of South Carolina · 1926

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