51 S.C. 362 | S.C. | 1898
The opinion of the Court was delivered by
This is an action begun January 31st, 1896, to foreclose a mortgage on real estate, a lot in the town of Greenwood, in Abbeville County, executed by defendant to plaintiff, December 11th, 1890, to secure a note for $100, bearing same date, payable one day after -date. The answer admitted the execution of the note and mortgage, but set up as a defense, among others, that the note and mortgage were given to compound a criminal prosecution, which had been begun by the plaintiffs against one Grant Davis, charged with selling crops under lien, and were utterly without consideration, contrary to public policy, null and void. Upon the testimony reported by the master, the Circuit Court overruled all the defenses set up by the defendant, holding that none of the defenses were established by the testimony, and decreed against the defendant for foreclosure, &c.
The defendant appeals on the following exceptions: “1. Because it was error in his Honor to hold that none of the defenses set up were established by the testimony. 2. Because the evidence introduced by the plaintiffs themselves
The first and principal question presented is, whether the Circuit Court erred in not finding as a matter of fact that the consideration of the note and mortgage was the stopping of a criminal prosecution against one Grant Davis by plaintiffs, and in finding that the testimony did not establish such fact. In a case in equity, this Court will reverse a finding of fact by the Circuit Court when the appellant satisfies this Court that the preponderance of the evidence,is against the finding of the Circuit Court. In this case, however, the overwhelming weight of the evidence is against the conclusion of the Circuit Court. Three witnesses were examined in the case, and their testimony reported to the Court — the defendant, Goodwin, in his own behalf, and J. H. Van Hasseln and John N. Bleckley for the plaintiffs. The execution of the note and mortgage was admitted. The defendant, Goodwin, testified in part as follows: “I happened in the store of Sylvester Bleckley Co. Mr. Fretwell said to me that they had a negro in jail for selling crops under lien; that I was a preacher, and ought not to let him be sent to the penitentiary. I didn’t know Grant Davis. I said if he was a good man he should not be allowed to suffer. He said if I would go on his bond they would release him and give him a chance to make another crop. That he could prove that he had sold crops under lien. He said that there would be no risk to
It is not necessary to consider the third exception.
The judgment of the Circuit Court is reversed, and the complaint is dismissed.