52 S.C. 133 | S.C. | 1898
The opinion of the Court was delivered by
It appears that, on the 29th of August, 1893, the plaintiffs, holding the legal title to certain real estate, known as the King’s Mountain Military School property, in trust for certain beneficial owners of said property, sold and conveyed the same to the defendants, as named in the title, for the sum of $6,000, taking the bond and mortgage of the defendants to secure the payment of the purchase money. The deed conveying • the property is in the names of Jos. F. Wallace, I. D. Wither-spoon, and C. E. Spencer, “Trustees for the beneficial owners” of said property, “according to (their) several interests, as set forth in the deed of W. Brown Wylie, clerk, to said trustees,” more particularly described by reference to the record thereof. The conveyance is made to “W. J. Langston, Samuel M. Grist, J. Andy Tate, William Dobson, and Horace E. Johnson, trustees;” and the h'abendum clause is as follows: “unto the said W. J. Langston, Samuel M. Grist, J. Andy Tate, William Dobson, and Horace E. Johnson, trustees, the survivors of them, their successors and assigns, forever, in trust for such board of trustees, and for such uses •and trusts as York, Chester, Union, and Moriah Baptist Associations, or a majority of them, may hereafter appoint and designate and declare.” The bond is in the names of the several defendants, “trustees,” but it is signed by defendants, without appending the word “trustee” ,to their several names, and the same is true of the mortgage. Upon breach of the conditions of the bond and mortgage this action was commenced, on the 23d of May, 1896, and in their complaint the plaintiffs demand judgment against-the defendants personally, as well as for a sale of the mortgaged premises.
The defendants, in their answer, while interposing, no objection to a sale of the mortgaged premises and the-ap
A referee was appointed to take all testimony offered, noting any objections, and report the same to the Court. This report was made, and all of the testimony taken, together with the objections noted, appears in the “Case.” The cause was heard by his Honor, Judge Aldrich, who rendered his decree, from which defendants appeal. - The decree of the Circuit Judge, together with the exceptions thereto, will be embodied in the report of the case.
The judgment of this Court, I think, should be that the judgment of the Circuit .Court be affirmed; but as the Court