Legal Opinion

King v. Fraser

Supreme Court of South Carolina

Decided November 27, 1885PublishedCited by 5 opinions

Before Hudson, J., Charleston, July, 1884. A statement of the facts of this case will be found in the opinion of this court.

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Before Hudson, J., Charleston, July, 1884. A statement of the facts of this case will be found in the opinion of this court. Upon the status of the Doar mortgage, the master reported as follows: But it becomes necessary, in the next place, to consider what effect the failure of the executors of Doar to record their mortgage within forty days from its execution as prescribed by law, and their recording it after that time, has u.pon the relative rights of parties as to the fund in court. The mortgage held by the executors of Doar was executed on February 1, 1877, and was recorded on January 7,…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.

The pleadings and earlier proceedings are not in the “Case,” but from the very full report of master Hanckel, it appears that prior to 1876 there had been a partnership between the plaintiff, S. B. King, and the defendant, S. S. Fraser, under the style of “S. B. King & Co.,” in carrying on *559the business of a turpentine farm and store called “Six Mile store,” in Georgetown County; that this copartnership was not successful, and in 1876 was dissolved, its available assets realized, and all the debts paid, mostly by S. S. Fraser, to…

2Cases cited1 opinion

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881

3Cited by5 opinions

  1. Carroll v. Cash MillsSupreme Court of South Carolina · 1923
  2. Armour & Co. v. RossSupreme Court of South Carolina · 1907
  3. Turpin v. SudduthSupreme Court of South Carolina · 1898
  4. Ex Parte JohnsonSupreme Court of South Carolina · 1928
  5. Miller v. WrotonSupreme Court of South Carolina · 1908

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