Lessly v. Bowie
Supreme Court of South Carolina
Before Fraser, J., Abbeville, February, 1887. This was an action by Cynthia J. Lessly against Jacob H. Bowie, commenced. December 17, 1886, for the foreclosure of a purchase money mortgage of a tract of land. The defendant answered, admitting the execution of the note and mortgage sued on, but alleged that said premises had been conveyed to him by plaintiff under a deed of the same date as the mortgage sued on, and that this deed contained a covenant of general warranty.
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Before Fraser, J., Abbeville, February, 1887. This was an action by Cynthia J. Lessly against Jacob H. Bowie, commenced. December 17, 1886, for the foreclosure of a purchase money mortgage of a tract of land. The defendant answered, admitting the execution of the note and mortgage sued on, but alleged that said premises had been conveyed to him by plaintiff under a deed of the same date as the mortgage sued on, and that this deed contained a covenant of general warranty. It further alleged the grounds of defence stated in the opinion, which also states all other matters necessary to a full…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
In 1885 the plaintiff sold the defendant a tract of land for $1,000, conveyed the same to him with the usual general warranty of title, and to secure the purchase money took a sealed note and a mortgage of the premises. After the note fell due the plaintiff instituted these proceedings to foreclose the mortgage. The defendant answered :
“First. That the plaintiff was not seized of an absolute estate in fee, or of any estate whatever in said land in her owm right at the time of, or any time since, the execution of said deed; but, on…
2Cases cited1 opinion
- Delavergne v. NorrisNew York Supreme Court · 1811
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