Legal Opinion

Fretwell v. Branyon

Supreme Court of South Carolina

Decided July 11, 1903Published

Before Watts, J., Abbeville, October, 1902.“ Foreclosure by Joseph J. Fretwell against Davis S. Bran-yon, Sarah J. Martin, A. T. Armstrong and John Marion Ashley. From Circuit decree, plaintiff appeals. cites: As to merger: 20 Ency., 2 ed., 588, 590; 47 S. C., 305; 57 S. C., 182; Pom. Eq. Jur., sec. 798. cite: As to merger: 31 S. C., 404; 20 Ency., 2 ed., 991.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Statement of facts. — This is an action for the foreclosure of a mortgage executed by D. S. Branyon to M. McGee, on the 11th day of January, 1883, and assigned by McGee to the plaintiff on the 19th of April, 1886. The complaint alleges that the defendants, S. J. Martin, A. T. Armstrong and J. M. Ashley, have or claim some interest in the mortgaged premises junior to that of plaintiff.

The defendants, Sarah J. Martin and A. T. Armstrong, set up the followng defenses:

“I. For a first defense to the alleged cause of action of the plaintiff,…

2Cases cited2 opinions

  1. Bleckeley v. BranyanSupreme Court of South Carolina · 1887
  2. Sharp v. PalmerSupreme Court of South Carolina · 1889

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