Legal Opinion

Montague v. Priester

Supreme Court of South Carolina

Decided April 24, 1909No. 7176PublishedCited by 1 opinion

Before Memminger, J., Barnwell, January, 1908. Action by H. W. Montague, administrator of W. P. Wilcox, against Daniel R. Priester and Bank of Barnwell. From Circuit decree, both plaintiff and defendant, Priester, appeal. No citations. Priester. cite: Issue of validity of Wilcox mortgage is res judicata: 52 S. C., 172; 57 S. C, 182; 64 S. C., 190- 47 9. C.. 305; 68 S. C., 104.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

1 In this case the plaintiff, H. W. Montague, administrator of the estate of W. P. Wilcox, and the defendant, Daniel R. Priester, both appeal from a decree of Judge Memminger for the foreclosure of a mortgage executed by Priester to Wilcox. The position relied on by counsel for Priester, the mortgagor, is that the mortgage was satisfied by a deed of conveyance of the mortgaged premises, made by Priester to Wilcox, the mortgagee, on 18th January, 1905; and it is contended that the deed was adjudged to have that effect in the case of…

2Cases cited3 opinions

  1. Boyd v. MunroSupreme Court of South Carolina · 1890
  2. Willcox v. PriesterSupreme Court of South Carolina · 1904
  3. Park v. Southern RailwaySupreme Court of South Carolina · 1907

3Cited by1 opinion

  1. City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910

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