Loan & Exchange Bank v. Peterkin
Supreme Court of South Carolina
Before Benet, J., Richland, July, 1897. Action in foreclosure by Roan and Exchange Bank v. J. A. Peterkin, Ross S. McKenzie et al. From order of Circuit Judge ordering issues out of chancery as to issue of paramount title, set up by defendant, McKenzie, he appeals. cite: Complaint should have been dismissed as to appellant: 25 S. C., 73; Code, 139. Issue should not have been ordered: 23 S. C., 392. cites: Order refusing issues proper: 25 S. C., 73.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The complaint in this case is for foreclosure of a mortgage, recorded August 16th, 1892, executed July 30th, 1892, by defendant, Peterkin, to plaintiff on a tract of 5,000 acres in the Congaree River swamp, in Rich-land County. Ross S. McKenzie was made a party defendant, under allegation that he “had, or claimed to have, some interest in or lien upon the mortgaged premises * * * that arose subsequent to the lien- of the plaintiff’s mortgage.” McKenzie, in his original answer, set up (1) a general denial; (2) title in himself to 627…
2Cited by13 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Windham v. HowellSupreme Court of South Carolina · 1907
- Wolf v. HayesSupreme Court of South Carolina · 1931
- Aiken Mortgage Company v. JonesSupreme Court of South Carolina · 1941
- Pelzer Manufacturing Co. v. Pitts & HartzogSupreme Court of South Carolina · 1907
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