Legal Opinion

McSween v. Windham

Supreme Court of South Carolina

Decided July 17, 1916No. 9470PublishedCited by 10 opinions

Before Wilson; J., Darlington, November, 1914. Action by John McSween against Annie Windham and others. ' Judgment for defendants, and plaintiff appeals. The following is the report of the Hon. Thos. H. Spain, master: The above entitled case was referred to me by an order bearing date April 3, 1911, to take testimony and determine the law and facts, and report my findings of law and fact to the Court.

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Before Wilson; J., Darlington, November, 1914. Action by John McSween against Annie Windham and others. ' Judgment for defendants, and plaintiff appeals. The following is the report of the Hon. Thos. H. Spain, master: The above entitled case was referred to me by an order bearing date April 3, 1911, to take testimony and determine the law and facts, and report my findings of law and fact to the Court. In compliance with the terms of the said order, I held several references and took the testimony, which is herewith reported. There was some doubt under the terms of the order of reference…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action to foreclose two mortgages. The facts are fully stated in the report of the master, which was confirmed by his Honor, the Circuit Judge, and will be reported. The master in his report states that the issues between the parties are as follows: What estate was conveyed to R. J. Windham by the deed of the said Mary Windham? Are the mortgage debts barred by the statute of limitations? Are the mortgage debts paid? The master held that the deed of Mary Windham to R. J. Windham conveyed to him a fee simple estate. ,…

2Cases cited5 opinions

  1. Barfield v. Coker & Co.Supreme Court of South Carolina · 1906
  2. Montague v. SteltsSupreme Court of South Carolina · 1892
  3. Ellis v. MasonSupreme Court of South Carolina · 1890
  4. Summer v. KellySupreme Court of South Carolina · 1893
  5. Whilden & Co. v. PearceSupreme Court of South Carolina · 1887

3Cited by10 opinions

  1. In Re GlennDistrict Court, W.D. South Carolina · 1932
  2. In re McElmurrayDistrict Court, E.D. South Carolina · 1942
  3. Robinson v. WatsonSupreme Court of South Carolina · 1941
  4. Adams v. TaylorSupreme Court of North Carolina · 1960
  5. Aiken Mortgage & Realty Co. v. AltmanSupreme Court of South Carolina · 1937

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