Branyan v. Kay
Supreme Court of South Carolina
Before Aldrich, J., Anderson, February, 1890. This was a suit for partition by W. C. Branyan against John R. Kay and others, heirs at law of Lucinda A. Branyan, and the American Mortgage Company of Scotland, commenced August 27, 1889. An order of sale was passed, to which the American Mortgage Company consented with the understanding that it should be allowed to file its answer nunc pro tune, claiming a first lien on the proceeds of the sale.
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Before Aldrich, J., Anderson, February, 1890. This was a suit for partition by W. C. Branyan against John R. Kay and others, heirs at law of Lucinda A. Branyan, and the American Mortgage Company of Scotland, commenced August 27, 1889. An order of sale was passed, to which the American Mortgage Company consented with the understanding that it should be allowed to file its answer nunc pro tune, claiming a first lien on the proceeds of the sale. Such an answer was after-wards filed, in which principal, interest, and ten per cent, additional as attorneys’ fees were demanded. Other matters are…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
Mrs. Lucinda A. Branyan, during her life, executed to the “American Mortgage Company” a mortgage of certain lands to secure a note made to them for $550 and interest; and this note contained the additional stipulation, “and in case the note is collected by suit, I agree to pay all costs of collection, including ten per cent, of the principal and interest as *284attorneys’ fees.” Some time after, Mrs. Branyan died and this proceeding was commenced by the heirs for partition of the aforesaid lands; also making the mortgage company a party…
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