Farmers Bank & Trust Co v. Fudge
Supreme Court of South Carolina
Action by the Farmers Bank & Trust Company against R. H. Fudge and others and the Lancaster Mercantile Company and another. From a judgment for plaintiff, the last named defendants appeal. This action was commenced on the 20th of October, 1917, for the foreclosure of four mortgages on certain lands. The complaint contains two causes of action.
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Action by the Farmers Bank & Trust Company against R. H. Fudge and others and the Lancaster Mercantile Company and another. From a judgment for plaintiff, the last named defendants appeal. This action was commenced on the 20th of October, 1917, for the foreclosure of four mortgages on certain lands. The complaint contains two causes of action. In the first, it is alleged: That the defendant, R. H. Fudge, made his promissory note, of which the following is a copy: “$10,300. Rock Hill, S. C., January 3, 1910. On the date hereinafter stipulated, I promise to pay to the order of Sep Massey the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
(After stating the facts as above.) Two of the appellants’ exceptions assign error on the part of his Honor, the Circuit Judge, as follows:
“In sustaining the mortgage as a duly recorded instrument, when the undisputed evidence is that W. H. Millen, the witness who made the affidavit for probate, was then a stockholder, director and cashier of the plaintiff bank, and directly represented the bank in procuring and accepting the mortgage, and that W. P. Robinson, the other witness who took and certified said affidavit as notary…
2Cases cited4 opinions
- Welborn v. CobbSupreme Court of South Carolina · 1912
- Winsted Savings Bank & Building Ass'n v. SpencerSupreme Court of Connecticut · 1857
- Robert R. Sizer & Co. v. DopsonSupreme Court of South Carolina · 1911
- Arthur v. HollowellSupreme Court of South Carolina · 1919
3Cited by9 opinions
- Mishoe v. General Motors Acceptance Corp.Supreme Court of South Carolina · 1958
- Berry v. CaldwellSupreme Court of South Carolina · 1922
- Southern Atlantic Financial Services, Inc. v. MiddletonCourt of Appeals of South Carolina · 2002
- Leasing Enterprises, Inc. v. LivingstonCourt of Appeals of South Carolina · 1987
- Dargan v. Metropolitan Properties, Inc.Supreme Court of South Carolina · 1963
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