Loan & Exchange Bank v. Peterkin

Citations

• 52 S.C. 236
• 29 S.E. 546
• 1898 S.C. LEXIS 57

Syllabus

<p>1. Practice — Remedies—Foreclosure—Jury and Jury Trials— Issues Out of Chancery. — When a defendant in a foreclosure suit raises the question of paramount title in himself, the complaint should not be dismissed as to him, but the issue should be tried by a jury, -wjithout framing issues.</p> <p>2. Ibid. — Actor—Foreclosure.—When a defendant in a foreclosure suit raises the issue of paramount title in himself by denying title in mortgagor, the plaintiff must be the actor. Distinguished from Daniel v. Hester, 24 S. C., 303.</p> <p>Mr Chief Justice McIver, dissenting.</p>