57 S.C. 341 | S.C. | 1900
The opinion of the Court was delivered by
This was an action to foreclose a mortgage of real estate given to secure the payment of a note under seal, bearing date the 26th day of January, 1891, whereby the defendant promised to pay to the plaintiff the sum of $408, with interest from date, at the rate of eight per cent, per annum, on or before the 26th day of January, 1892. The defense set up in the answer was usury. It was referred to the master to hear and determine all the issues of law and fact, whose report is set out in the “Case,” and should be incorporated in the report of this case by the re
The judgment of this Court is, that the judgment of the Circuit Court be reversed, and the case remanded to that Court for such further proceedings as may be necessary to carry out the views herein announced.