McLaurin v. Hodges

Citations

• 43 S.C. 187
• 20 S.E. 991
• 1895 S.C. LEXIS 146

Syllabus

<p>1. Mode oe Trial — Appeal.—An order granting defendant’s motion to submit to a jury, as a matter of right, issues raised by her answer in an action of foreclosure, may be appealed from by the plaintiff.</p> <p>2. Ibid. — Foreclosure—Legal Defences. — In action to foreclose a mortgage, the defendant pleaded, under the statute, usury and a counter-claim for double the excessive interest paid by her, aDd the Circuit Judge ruled that defendant was entitled, as a right, to have the issues thus raised by her answer passed upon by a jury. Held, that in this ruling there was error, as the defence and counterclaim affected directly the amount due on the mortgage, and was not a defence separable from plaintiff’s equitable cause of action. All of the issues were, therefore, triable under the rules of the Court of Equity.</p>