Whittle v. Jones
Supreme Court of South Carolina
Before Gary, J., Edgefield, Action by J. D. Whittle, as assignee of F. M. Mixson, against Elbe Brooks Jones, A. C. De-Pas-s and Scottish Amierican Mortgage Oo.
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Before Gary, J., Edgefield, Action by J. D. Whittle, as assignee of F. M. Mixson, against Elbe Brooks Jones, A. C. De-Pas-s and Scottish Amierican Mortgage Oo. From judgment for plaintiff, defendant Mrs. Brooks appeals. cite: Upon discovery of fraud Mrs. Jones zms entitled to< rescission of contract: 1 Strok., 400; 62 S. C., 42; 14 Ency., 1st ed., 160, 161, 162, 2d., 23; 72 Cal., 283; 17 Ind., 272; 61 N. Y., 145; 74 S. C., 206; 86 Ala., ....; 87 Ala., 193. She was not bound to retain property to defend action on note on ground of fraud: 7 Ami. St„ 663; 42 S-. C., 351; 163 Mo., 108; 1 Dlenio,,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is. an action to foreclose a mortgage of real estate.
On the 8th of January, 1904, the defendant, Mrs. Filie Brooks Jones, executed a note for the sum of $750'.00, payable on or before the 1st of January, 1905, to F. M. Mixson, and, to secure the payment of the note, executed a mortgage on >a certain tract of land. On the 5th of November, 1904, F. M. Mixson, for valuable consideration, assigned the note and mortgage to the plaintiff, J. D. Whittle. Shortly after -the plaintiff became the assignee of the note and -mortgage, he…
2Cases cited1 opinion
- Hickson v. EarlySupreme Court of South Carolina · 1901
3Cited by5 opinions
- Munoz v. Green Tree Financial Corp.Supreme Court of South Carolina · 2001
- Black v. SimpsonSupreme Court of South Carolina · 1913
- Bank of Johnston v. JonesSupreme Court of South Carolina · 1927
- Lawrence v. Durham Life Ins. Co.Supreme Court of South Carolina · 1932
- Whittle v. JonesSupreme Court of South Carolina · 1909