Groce v. Jenkins

Citations

• 28 S.C. 172
• 5 S.E. 352
• 1888 S.C. LEXIS 30

Syllabus

<p>1. A complaint in foreclosure alleged a note by B. to plaintiff secured by a mortgage of a tract of land, the subsequent sale of a part of this land by B to defendant and the giving of a note by defendant to plaintiff for a portion of the purchase money, under an agreement by all parties that this note of defendant should be secured by the original mortgage of B, so far as it covered the land so sold by B. Held, that the complaint stated facts sufficient to constitute a cause of action.</p> <p>2. It is not necessary to allege in the complaint that an agreement as to lands, sought to be enforced, was in writing. That is a matter of proof, not of pleading, under the statute of frauds.</p>