Land Mortgage &c. Co. v. Williams
Supreme Court of South Carolina
This was an action for foreclosure of mortgage brought by the Land Mortgage Investment and Agency Company against Ben S. Williams. Upon the point involved in the appeal, the Circuit Judge ruled as follows : At the close of the plaintiff’s case, defendant moved the court for a non-suit on the ground that there was no proof of the corporate existence of the plaintiffs. The trial was directed to proceed’, judgment on the motion being reserved.
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This was an action for foreclosure of mortgage brought by the Land Mortgage Investment and Agency Company against Ben S. Williams. Upon the point involved in the appeal, the Circuit Judge ruled as follows : At the close of the plaintiff’s case, defendant moved the court for a non-suit on the ground that there was no proof of the corporate existence of the plaintiffs. The trial was directed to proceed’, judgment on the motion being reserved. It now becomes necessary to determine this question. The first paragraph of the complaint is as follows : “That the plaintiffs are a corporation duly…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
The defendant, on the tenth day of April, 1886, at Brunson, in this State, made his note, whereby he promised to pay the plaintiff the sum of three thousand and eight hundred dollars, with interest, at periods fixed therein, and to secure the payment of the aforesaid sum he executed a mortgage of a tract of land containing one thousand acres, situate in Hampton County, in this State. Having made default in thep payment of this sum of money, on the 5th day of May, 1890, the plaintiff brought an action against the defendant in the Court…
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