Beasley v. Newell
Supreme Court of South Carolina
Before Norton, J., Darlington, April, 1892. All the issues of law and fact in this case were referred to T. H. Spain, Esq., who made his report, wherein, after finding the facts as stated in the opinion of this court, he found as follows: Can the sureties on a trust bond foreclose a mortgage (like the one in question), given to secure them free and harmless on account of their being my security on said bond against a purchaser with notice, when the sureties have not paid…
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Before Norton, J., Darlington, April, 1892. All the issues of law and fact in this case were referred to T. H. Spain, Esq., who made his report, wherein, after finding the facts as stated in the opinion of this court, he found as follows: Can the sureties on a trust bond foreclose a mortgage (like the one in question), given to secure them free and harmless on account of their being my security on said bond against a purchaser with notice, when the sureties have not paid anything by reason of the default of the trustee? A surety is not liable to suit on a trust bond until it has been…
1Opinion of the Court
The opinion of the court was delivered by
Me. Chiee Justice McIvee.
By the will of James New-berry, certain property was given to trustees to hold for his daughter, Jane Elizabeth Scaff, for life, and after her death to be equally divided amongst her children. The trustees named in the will having declined to accept the trust, one Isaac J. Newberry was, by proper proceedings in the Court of Equity, duly appointed trustee in the place of those named in the will, and as such entered into bond, with the plaintiff, Reuben Beasley, and Giles Carter, the other plaintiff’s intestate, as his sure*19ties,…
2Cited by5 opinions
- Pickett v. Fidelity & Casualty Co.Supreme Court of South Carolina · 1901
- Dunlap & Dunlap v. ZimmermanSupreme Court of South Carolina · 1938
- State v. AdamsSupreme Court of South Carolina · 1909
- Easton v. WoodburySupreme Court of South Carolina · 1905
- Jenkins v. Southern Railway Co.Supreme Court of South Carolina · 1924