Garris v. Thomas
Supreme Court of South Carolina
Action by C. W. Garris, executor of Wiley Smoak, against C. W. H. Thomas. From circuit decree, plaintiff appeals. cite: Has the executor the right to raise the question of usury ? Acts 1877-8, 325; 27 S. C., 115. cite. Executor cannot raise this question: 62 S. C., 165; 58 S. C., 240; 63 S. C., 540.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This action was instituted for two purposes, viz: 1. That certain papers executed by Wiley Smoak in his lifetime, namely, a deed of conveyance to one F. W. Fairey of 105 acres of land, together with a lease of said land by F. W. Fairey to - said Wiley Smoak, should be declared a mortgage of said lands by Wiley Smoak to said F. W. Fairey to secure the loan of the sum of $203 by the latter to the former. The dates were all contemporaneous, and occurred on the 15th December, 1881. 2. That the assignment of said lease and a quit…
2Cases cited3 opinions
- Allen v. PettySupreme Court of South Carolina · 1900
- Bird v. KendallSupreme Court of South Carolina · 1901
- Butler v. ButlerSupreme Court of South Carolina · 1901
3Cited by1 opinion
- Barringer v. Jefferson Standard Life Ins. Co.District Court, E.D. South Carolina · 1935