Legal Opinion

British & American Mortgage Co. v. Strait

Supreme Court of South Carolina

Decided November 3, 1909No. 7357PublishedCited by 1 opinion

Before Wilson, J., Lancaster, Motion in case of British-American Mortgage Company. Limited, against Thomas J. Strait, by Strait, to set judgment aside.

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Before Wilson, J., Lancaster, Motion in case of British-American Mortgage Company. Limited, against Thomas J. Strait, by Strait, to set judgment aside. From order granting the motion, the plaintiff appeals. cites: Motion was not within time: Code of Proc., 195; 17 S. C., 445, 446; 59 S. C., 472; 53' S'. C., 230; 23 Cyc.,' 900, 908. Brror to open judgment, except in furtherance of justice: 15 Ency: P. & P., 243 ; 12 Ency., 137; Freeman on Judg., 103; 1 Black on Judg., secs. 230; 349; 23 Cyc., 965, 937, 930; 25 S. C., 67; 53 S. C., 2:3O'. Movant should make out a case by the weight of the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

On November 16, 1904, the defendant, Strait, gave the plaintiff five notes, payable at intervals of one year, agregating $8,750, for borrowed money, and five notes for the interest on the respective principal notes, accruing before maturity. These notes were all secured by a mortgage on real estate, which provided that in case of default in the payment of any of said notes, within ten days after maturity thereof, all of them should at once become due and collectible. The mortgage also provided that,. in case of foreclosure, the…

2Cases cited2 opinions

  1. Montgomery v. CommonwealthSupreme Court of Virginia · 1900
  2. Strait v. British & American Mortgage Co.Supreme Court of South Carolina · 1907

3Cited by1 opinion

  1. Witt, Receiver v. LeysathSupreme Court of South Carolina · 1931

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