Bates v. American Mortgage Co.
Supreme Court of South Carolina
Before Izlar, J., Barnwell, March, 1891. Action by Savannah E. Bates against the American Mortgage Company of Scotland, Limited.
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Before Izlar, J., Barnwell, March, 1891. Action by Savannah E. Bates against the American Mortgage Company of Scotland, Limited. The Circuit decree was as follows : The plaintiff, a married woman, brings this action to perpetually enjoin the defendants, their agents and servants, from selling the lands of plaintiff, or otherwise interfering therewith, under and by virtue of a certain note and mortgage set forth in the complaint, and the power of sale contained in said mortgage, and for such other and further relief as may be just. The facts alleged, and on which the plaintiff asks this…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan,
The facts of this case are correctly stated in the argument of the appellants, as follows: “The action was commenced August 5, 1890, by the plaintiff, a married woman, against the defendant, a foreign corporation, with its place of business in Scotland, to perpetually enjoin the sale of her lands under power contained in a mortgage executed by her on April 25, 1885, to secure a loan from the defendaut of $1,000, upon the ground that the mortgage and note thus executed by her alone were intended merely as security for a debt of her…
2Cases cited2 opinions
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