Carrigan v. Drake
Supreme Court of South Carolina
Before WitherspooN, J., Chesterfield, February, 1890. This was an action by Carrigan & Silcox against James F. Drake, as trustee, and his wife and children, for the foreclosure of a mortgage.
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Before WitherspooN, J., Chesterfield, February, 1890. This was an action by Carrigan & Silcox against James F. Drake, as trustee, and his wife and children, for the foreclosure of a mortgage. To the full statement of the case made in the Circuit decree, it may be proper to add the following extract from the referee’s report: “Mrs. A. E. Drake and M. E. Drake (now Mrs. Hearn) accepted service of the petition, joined in the prayer, and consented that the ease be heard at chambers, as did also James F. Drake, jr., who, according to the undisputed testimony, was a minor, nineteen or twenty years…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
The complaint exhibited in the Court of Common Pleas for Chesterfield County by the plaintiffs against the defendants, alleges that on the 9th day of October, 1883, the defendant, James F. Drake, as trustee for his wife and children (who are also defendants here), executed to the plaintiffs a bond in the penalty of $1,600, conditioned to pay $800, twelve months after its date, with interest from its date, at the rate of ten per cent, per annum, and that to secure such bond said defendant, as such trustee, at the same time executed a…
2Cited by11 opinions
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