Dial v. Gary

Citations

• 24 S.C. 572
• 1886 S.C. LEXIS 80

Syllabus

<p>. 1. Whore it appears, under a liberal construction of the complaint, that two mortgages sought to bo foreclosed were given, one by A and B on one lot of land, the other by B on another lot, to secure a note of A and B, a demurrer that two several causes of action were improperly united, was properly overruled.</p> <p>2. A statement in the complaint that plaintiff “is induced to believe, and does believe,” a matter stated, is an allegation of fact upon information and belief, and is sufficient.</p> <p>3. Where the judge is not furnished with the papers necessary to enable him to formulate a proper judgment of foreclosure, it is not error for him, after decreeing that the plaintiff is entitled to the relief demanded, to give to plaintiff leave to move before the proper judge for such formal judgment as may be necessary to effectuate this purpose.</p> <p>4. Findings of fact by the Circuit Judge from written testimony submitted to him, approved.</p> <p>5. The mortgagor having died domiciled in another State, no assignee of his executor there could sue in the courts of this State ; action on this note and these mortgages could be maintained only by the administrator in this State.</p>