Pelzer v. Ragsdale
Supreme Court of South Carolina
Before Rice, J., Darlington, Spring term, 1915. Action by Francis J. Pelzer against J. W. Ragsdale and others, to foreclose a mortgage of realty. Decree for foreclosure, allowing plaintiff’s attorney a fee of $1,250, and defendants appeal.
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Before Rice, J., Darlington, Spring term, 1915. Action by Francis J. Pelzer against J. W. Ragsdale and others, to foreclose a mortgage of realty. Decree for foreclosure, allowing plaintiff’s attorney a fee of $1,250, and defendants appeal. The original mortgage was given to secure the payment of $13,334. cite: As to right of vendee to abatement in purchase price: 2 Kent Comm. 476 ; 9 Rich. 515; 1 Nott & McC. 78; 1 DeS. 433; Rice Eq. 58; 7 S. C. 58; 15 S. C. 124; 41 S. C. 508; 9 S. C. 287. Tender: 2 Jones Mtges. 897; 16 S. C. 427; 14 S. C. 86; 38 Cyc. 145; 28 Am. & Eng. Enc. of L. 7; 26 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for foreclosure of mortgage of real estate. The bond and mortgage were given to secure the unpaid purchase money for the mortgaged premises. The bond and mortgage were executed and delivered simultaneously with the deed of the conveyance thereto. The defendant Ragsdale’s answer raised the issue that the condition of the bond had not been breached, and denied that the amount claimed to be due was due on the mortgage debt, and raised the affirmative defense, and claimed a deduction of $3,000 on the mortgage debt on…
2Cited by8 opinions
- Entzminger v. SeiglerSupreme Court of South Carolina · 1938
- Sunrise Savings & Loan Ass'n v. Mariner's Cay Development Corp.Supreme Court of South Carolina · 1988
- Prosser v. ChapmanCourt of Appeals for the Fourth Circuit · 1924
- Hertzog v. Spartanburg Bonded Warehouses, Inc.Supreme Court of South Carolina · 1937
- Kentucky & West Virginia Power Co. v. HowesCourt of Appeals of Kentucky (pre-1976) · 1932
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