Kinsey v. Bennett
Supreme Court of South Carolina
Before Norton, J., Colleton, June, 1891. This was an action by Lewis Kinsey against Abraham Bennett. The opinion states the case. The Circuit decree was as follows: The master erred in dismissing the complaint herein ; for if only a legal demand was proven, where allegations constituting an equitable action were made, if those allegations included also a legal demand, then judgment should have been given for the legal demand.
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Before Norton, J., Colleton, June, 1891. This was an action by Lewis Kinsey against Abraham Bennett. The opinion states the case. The Circuit decree was as follows: The master erred in dismissing the complaint herein ; for if only a legal demand was proven, where allegations constituting an equitable action were made, if those allegations included also a legal demand, then judgment should have been given for the legal demand. Salinas v. Ellis, 26 S. C., 338; Gleaton v. Gibson, 29 Id., 514. I am of the opinion, however, that plaintiff established a good equitable demand. He alleges that on…
1Opinion of the Court
The opinion of the court was delivered by
Me. Chiee Justice McIvee.
The allegations contained in the complaint are substantially as follows: That the plaintiff, on the 15th of March, 1887, executed his bond to the defendant, secured by a mortgage of certain real estate, which bond was conditioned for the payment of the sum of fifteen hundred dollars, in three equal annual instalments, with interest from date; that the object in giving said bond and mortgage was to secure the payment of the indebtedness of plaintiff to the defendant up to that date (the amount of which is not stated), as well as…
2Cited by6 opinions
- All v. PrillamanSupreme Court of South Carolina · 1942
- Spaulding v. CollinsWashington Supreme Court · 1909
- Salt v. AndersonWashington Supreme Court · 1919
- Beckham v. ShortSupreme Court of South Carolina · 1989
- Dorrell v. Florence District No. OneCourt of Appeals of South Carolina · 1986
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