Gunter v. Addy
Supreme Court of South Carolina
Before Aldrich, J., Lexington, Foreclosure by U. X. Gunter against D. U. Addy, Dundee Mortgage and Trust Investment Company et al.
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Before Aldrich, J., Lexington, Foreclosure by U. X. Gunter against D. U. Addy, Dundee Mortgage and Trust Investment Company et al. From Circuit decree, defendant, Dundee Mortgage and Trust Investment Co., appeals. cites: The plaintiff’s mortgage does not locate the land with sufficient certainty to Warrant a decree of foreclosure: 40 N. E., 1057; 42 N. E., 1008; 55 P., 552; 79 E., 826; 33 S. E., 34; 34 N. W., 871. The mortgage is utterly void for indefiniteness and uncertainty, and conveyed no title: 34 S. E-, 701; 51 S. W., 869; 24 Can. S. C. R., 367; 20 S. E-, 829; 5 Tred. Eq., 373; 79 N.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
So much of the Circuit Judge’s decree as is necessary to understand the questions presented by the exceptions is as follows: “This action, instituted in 1897, and heard at the fall term, 1899, came before this Court on the pleadings, the testimony taken by a special referee, and the argument of counsel. The Dundee Mortgage and Trust Investment Company, Limited, answered the complaint, and has contested the claim of plaintiff. The other defendants have not answered — at least, no such answers were submitted to the Court. The defendant,…
2Cited by1 opinion
- Ex Parte PowellSupreme Court of South Carolina · 1906