Whaley v. Duncan
Supreme Court of South Carolina
Action in foreclosure by Whaley & Rivers against Willis J. Duncan and others. The following is the decree of Judge Watts: The judgment in foreclosure in this case was set aside and vacated, and the cause recommitted to the master to take testimony whether the two mortgages (known as Bank of Barnwell mortgage and Bamberg mortgage), hereinbefore adjudged to be senior liens on the mortgaged premises, be liens at all, and if they be liens, what is their rank as to the mortgage…
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Action in foreclosure by Whaley & Rivers against Willis J. Duncan and others. The following is the decree of Judge Watts: The judgment in foreclosure in this case was set aside and vacated, and the cause recommitted to the master to take testimony whether the two mortgages (known as Bank of Barnwell mortgage and Bamberg mortgage), hereinbefore adjudged to be senior liens on the mortgaged premises, be liens at all, and if they be liens, what is their rank as to the mortgage of the defendant, Wheeler. The master has taken and reported the testimony, and the cause now comes on to be heard by me…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
Inasmuch as we think it due to all parties that the decree of his Honor, Judge Watts, which is set out in the “Case,” together with exceptions thereto, for the purposes of this appeal, should-be incorporated in the report of this case, a very brief statement of the transaction out of which this controversy arose, will be sufficient here. It appears that W. J. Duncan, being indebted to the plaintiffs, his factors, in a very considerable sum of money, had given to them certain mortgages on his own property, and also mortgages of…
2Cited by1 opinion
- Lowry v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912