Bowen v. Barksdale
Supreme Court of South Carolina
Before Izlar, J., Laurens, February, 1890. This was an action by Emeline Bowen on the note and mortgage described in the opinion of this court.
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Before Izlar, J., Laurens, February, 1890. This was an action by Emeline Bowen on the note and mortgage described in the opinion of this court. The complaint alleged the note and the credits thereon, the mortgage, the sale of 70 acres, and the release of the mortgage thereon, the payments by Burns, the surety, and also the payments by T. N. Barksdale, “and that an interest in said note and mortgage to said amount has been assigned to him,” and that three of the defendants were junior judgment creditors. The Brief contains no answer of Traynham & Dial. Toliver Robertson answered denying, among…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
In February, 1875, the defendant, N. L. Barksdale, with the defendant, Burns, as his surety, made and executed to the plaintiff a sealed note, of which the following is a copy:
“$800. Twelve months after date, with interest from date, ten per cent, per annum, we, or either of us, promise to pay Emeline Bowen eight hundred dollars, for value received, and if not paid at maturity, the interest to be added to the principal and bear interest, and so continue until the note is paid. Witness our hands and seals, February 26th, 1875.
(S…
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