Supreme Court of South Carolina, 1925

Willoughby v. Ray

Supreme Court of South Carolina · Decided April 3, 1925 · Eraser, Messrs, Watts, Marion, Gary, Cothran

127 S.E. 441; 131 S.C. 317; 1925 S.C. LEXIS 136 (South Eastern Reporter)

Counsel

Mr. Cordie Page , for appellant, cites: When merger will be adjudged: 57 S.C. 182 ; 64 S.C. 190 ; 74 S.C. 42 ; 68 S.C. 102 ; 19 R.C.L., 484; 19 R.C.L., 485; 19 R.C.L., 487; 19 R.C.L., 488 19 R.C.L., 489. Mergee will not take place if opposed to intention of parties: 84 S.C. 47 . Where one or two innocent persons must suffer the one who has enabled the third also to cause the loss must sustain it: 16 Cyc., 773; 21 Cyc., 1170; 13 Ill. A., 236; 93 S.C. 229 ; 100 S.C. 452 ; 104 S.E., 308 ; 102 S.E., 328 ; 110 S.E., 393. Messrs. Sherwood McMillan , for respondents, cite: Purchase or past due interest is at the peril of the Purchaser: 8 C.J., 476; 100 S.C. 28 . Findings based on credibility of witnesses are rarely overruled or appealed: 16 S.C. 352 : 98 S.C. 8 ; 1 S.C. 309 ; 1 S.C. 421 ; 5 S.C. 411 ; 5 S.C. 415 .

Opinion of the Court

The opinion of the Court was delivered’by

Mr. Justice Eraser.

This is an action to foreclose a mortgage. The question in the case is the priority of the mortgage held by the plaintiff and the mortgage held by the defendant bank.

*326 The issues were referred to a special referee, who found that the mortgage held by the plaintiff was first, and the bank mortgage second. This finding was sustained by the trial Judge, and the report of the special referee affirmed.

The findings of fact by the referee are so clearly and forcefully stated that there is no room for improvement, and no chance to make matters more clear. Let the report and decree be reported.

The findings of the special referee, concurred in by Judge Shipp, are affirmed for the reasons therein stated, and this appeal is dismissed.

Messrs Justices Watts and Marion concur. ‘Mr. Chief Justice Gary and Mr. Justice; Cothran did not participate.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.