Boatwright v. Crosby

• Decision Date: 17 July 1909
• Parties: BOATWRIGHT v. CROSBY.
• Court: South Carolina Supreme Court

65 S.E. 174

83 S.C. 190

BOATWRIGHT v. CROSBY.

Supreme Court of South Carolina

July 17, 1909

Appeal from Common Pleas Circuit Court of Colleton County; D. E. Hydrick, Judge.

Action by Moses Boatwright against J. M. Crosby. Judgment for plaintiff, and defendant appeals. Affirmed.

Griffin & Padgett and W. D. Bennett, for appellant. Howell & Gruber, for respondent.

GARY, A. J.

This is an action in which the plaintiff seeks the aid of the court, in the exercise of its chancery powers, to have a deed, absolute in form, by the plaintiff to the defendant, declared a mortgage. The cause was referred to the master to hear and determine all the issues, and he reported, "after some hesitancy," that the deed was absolute in fact, as well as upon its face, and recommended that the complaint be dismissed. On exceptions to the master's report, his honor Judge Hydrick reversed the conclusions of the master, whereupon the defendant appealed to this court.

The single question involved is, whether the said deed was intended as a mortgage. The burden rested upon the appellant to show error, on the part of his honor the circuit judge, in his finding, that the deed was intended as a mortgage. The testimony is conflicting upon every material fact; and the appellant has failed to satisfy this court that the preponderance of the evidence is in his favor. It would subserve no useful purpose to narrate the details of testimony.

The judgment of the circuit court is affirmed.