Harrell v. Parrott
Supreme Court of South Carolina
Before Aldrich, J., Darlington, December, 1896. Action in foreclosure by S. D. Harrell, administrator, with the will annexed, of .1. M. Harrell, against J. N. Parrott. The following is so much of the Circuit decree as is necessary to understand the issues: On December 1st, 1880, when the contract herein evidenced by the note and mortgage was made, the act of 1877 (16 Stat., 325,) was in force.
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Before Aldrich, J., Darlington, December, 1896. Action in foreclosure by S. D. Harrell, administrator, with the will annexed, of .1. M. Harrell, against J. N. Parrott. The following is so much of the Circuit decree as is necessary to understand the issues: On December 1st, 1880, when the contract herein evidenced by the note and mortgage was made, the act of 1877 (16 Stat., 325,) was in force. Under that act, no greater rate of interest than seven per centum per annum could be charged, and the penalty for lending or advancing money or other commodity for a greater rate is a forfeiture of all…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This is an appeal from a judgment of foreclosure of a mortgage of real estate rendered by his Honor, Judge Aldrich. The decree of the Circuit Judge, which, with the exceptions thereto, should be set out in the report of this case, except so much thereof as relates to the matter of homestead, to which there is no exception, and that part thereof providing for a sale of the mortgaged premises, sets forth fully and fairly the facts of the case, and hence no detailed statement thereof is needed here. It is sufficient to say, in…
2Cited by3 opinions
- Lorick & Lowrance v. MotleySupreme Court of South Carolina · 1904
- Waddell v. CarySupreme Court of South Carolina · 1930
- Waddell v. CarySupreme Court of South Carolina · 1930