44 S.C. 484 | S.C. | 1895
The opinion of the court was delivered by
The plaintiff brough this action for the foreclosure of a mortgage of real estate, given to secure the payment of a bond conditioned for the payment of the sum of $176.90^ which was given by defendant to one Jas. S. Simmons, and by him assigned to one S. G. Pierce, and by said Pierce to the plaintiffs. The only defence relied upon was payment, not to plaintiffs, but to the first assignee, Pierce. The testimony was taken by the master under an order of the court, and by him reported to this court, and upon the testimony so taken the case was heard by his honor, Judge Ernest Gary, who rendered his decree, finding that there was due on the bond by the defendant the sum of $216, and accordingly he rendered judgment of foreclosure.
From that judgment defendent appeals upon the following grounds: “1st. For that the presiding judge was in error in not holding that the mortgage debt had been paid in full. 2d. For that the presiding judge -was in error in finding that there was $216 due on the bond and mortgage sued on. 3d. For that the presiding judge was in error in not dismissing the plaintiff's action and ordering the bond and mortgage sued on can-celled. 4th. That the presiding judge was in error in adjudging and decreeing that should the plaintiffs, or either or any of them, become the purchaser, that the master do make title to him or them upon the payment of the costs and disbursements.”