Cohen v. Home Building & Loan Ass'n

The opinion of the Court was delivered by

Mr. Acting Associate Justice C. T. Graydon.

The plaintiff sued the defendant in October, 1933, in the Court of Common Pleas for Spartanburg County for the cancellation of a mortgage given by the plaintiff to the Home Building & Loan Association of Spartanburg.

The Home Building & Loan Association of Spartanburg had Hon. W. H. Townsend, presiding Judge of the Seventh Judicial Circuit, on November 1, 1933, to issue a rule to show cause against the plaintiff why the complaint in the action should not be dismissed on the ground that the plaintiff had failed…