Legal Opinion

British American Mortgage Co. v. Smith

Supreme Court of South Carolina

Decided September 9, 1895PublishedCited by 3 opinions

Before Aldrich, J., Union, March 26, 1895. Action by the British American Mortgage Company against A. Frank Smith, Jane C. Nott, Glenn D. Peake, et al., for foreclosure of mortgage, commenced in 1891. Facts are fully stated in following report of referee: This is an action brought by the British and American Mortgage Company against A. Frank Smith and others to foreclose a certain mortgage.

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Before Aldrich, J., Union, March 26, 1895. Action by the British American Mortgage Company against A. Frank Smith, Jane C. Nott, Glenn D. Peake, et al., for foreclosure of mortgage, commenced in 1891. Facts are fully stated in following report of referee: This is an action brought by the British and American Mortgage Company against A. Frank Smith and others to foreclose a certain mortgage. The other defendants are all lien creditors of the mortgagor, Smith, except the defendant, John Kennedy, who, on the first trial of the cause, claimed title to the land mortgaged. It was reported…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The only question presented by this appeal is whether the mortgage held by the appellant, as assignee, has priority over the mortgage held by the plaintiff. So far as this question turns upon conclusions of fact, we are bound, under the well settled rule, to adopt the findings of the master, concurred in by the Circuit Judge; for, on some of the more material, points, the testimony was conflicting, and it cannot with any propriety be said that the conclusious reached by the master, and concurred in by the Circuit Judge, are…

2Cited by3 opinions

  1. Brown v. New York Life Ins. Co.District Court, W.D. South Carolina · 1938
  2. Ives v. RutlandSupreme Court of South Carolina · 1926
  3. Tunkle v. PadgettSupreme Court of South Carolina · 1931

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