Legal Opinion

Bamberg Banking Co. v. Matthews

Supreme Court of South Carolina

Decided November 4, 1921No. 10749PublishedCited by 1 opinion

Before Peurieoy, J., Bamberg, November, 1920. Action by Bamberg Banking Co. against Addie H. Matthews et al. Judgment for plaintiff and the defendants appeal. The portions of the circuit decree which construe the deeds to the land in controversy are as follows: This brings us to the eighth exception of the defendants, relating to the construction of certain deeds.

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Before Peurieoy, J., Bamberg, November, 1920. Action by Bamberg Banking Co. against Addie H. Matthews et al. Judgment for plaintiff and the defendants appeal. The portions of the circuit decree which construe the deeds to the land in controversy are as follows: This brings us to the eighth exception of the defendants, relating to the construction of certain deeds. The thirty-five acre tract covered by the two mortgages is a part of the tract of land described in the deed of Amzi August to Sarah August, Adeline August and others, dated October 12, 1882, and recorded in Barnwell County, and the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a decree of Judge Peurifoy. The action was for foreclosure of two mortgages. The defendants interposed a number of defenses. The exceptions are 11 in number. Exceptions 1, 2, 3, 4, 5, 6, and 7 are overruled. The appellants have failed to convince this Court that the concurring findings of master and Circuit Court are against the preponderance of the evidence.

The question to be determined, as to whether Addie Matthews owns the property in fee simple as found by the Circuit Court, or whether, as appellants…

2Cases cited1 opinion

  1. Rutledge v. FishburneSupreme Court of South Carolina · 1903

3Cited by1 opinion

  1. Bamberg Banking Co. v. MatthewsSupreme Court of South Carolina · 1925

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