Legal Opinion

Berry v. Caldwell

Supreme Court of South Carolina

Decided November 2, 1922No. 11048PublishedCited by 15 opinions

Before Bowman, J., Richland. Fall term, 1921. Action by T. W. Berry against Grover C. Caldwell and Mutual Holding Co. Judgment for plaintiff and both parties appeal. cite: Amount and allowance of fées is within discretion of Court of Equity: 84 S. C., 458; 94 S. C., 383; 97 S. C., 480; 111 S. C., 343. Option to declare debt due must be exercised with notice: 2 Jones Morts., 814; 35’Pac., 1033. Number of attorneys cannot enlarge fee: 117 S. C., 7. Wide diversity in approved…

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Before Bowman, J., Richland. Fall term, 1921. Action by T. W. Berry against Grover C. Caldwell and Mutual Holding Co. Judgment for plaintiff and both parties appeal. cite: Amount and allowance of fées is within discretion of Court of Equity: 84 S. C., 458; 94 S. C., 383; 97 S. C., 480; 111 S. C., 343. Option to declare debt due must be exercised with notice: 2 Jones Morts., 814; 35’Pac., 1033. Number of attorneys cannot enlarge fee: 117 S. C., 7. Wide diversity in approved fees for foreclosure: 89 Wis., 497; 15 Wis., 522; 84 S. C., 458; 94 S. C., 383; 97 S. C., 477; 111S. C., 339; 71 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Marion.

The facts out of which this appeal arises are thus stated in the case:

“On September 16, 1919, the defendant Grover C. Caldwell gave to the plaintiff his mortgage, securing his bond, conditioned for the payment of $14,000, payable $700 one year after date, $700 two years after date, $1,000 three years after date, $1,000 four years after date, and $10,600. five years after date, with interest at 6 per cent, payable quarterly, said mortgage covering a lot, with the brick building thereon, situate on the eastern side of Main street,…

2Cases cited2 opinions

  1. Farmers Bank & Trust Co v. FudgeSupreme Court of South Carolina · 1919
  2. Taylor v. KingSupreme Court of South Carolina · 1914

3Cited by15 opinions

  1. Associated Spring Corp. v. Roy F. Wilson & Avnet, Inc.District Court, D. South Carolina · 1976
  2. Bartles v. LivingstonCourt of Appeals of South Carolina · 1984
  3. Mishoe v. General Motors Acceptance Corp.Supreme Court of South Carolina · 1958
  4. Perpetual Building & Loan Ass'n v. BraunSupreme Court of South Carolina · 1978
  5. Southern Atlantic Financial Services, Inc. v. MiddletonCourt of Appeals of South Carolina · 2002

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