Citizens' Bank v. Heyward
Decision Date | 08 December 1925 |
Docket Number | 11731. |
Parties | CITIZENS' BANK v. HEYWARD. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Berkeley County; J. Henry Johnson, Judge.
Action by the Citizens' Bank against Marie H. Heyward. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
Cothran and Marion, JJ., R. O. Purdy, A. A. J., and Wilson, Dennis Mann, and Mauldin, Circuit Judges, dissenting. Whaley, Barnwell & Grimball, of Charleston, for appellant.
Hagood Rivers & Young, of Charleston, for respondent.
When this case was heard the first time by the Supreme Court, the opinion was delivered by Mr. Justice FRASER, who has since died.
The following is the opinion which he wrote, except a quotation from the case of Mayfield v. Mortgage Co., 104 S.C 158, 88 S.E. 370, which is omitted:
C. R.I. Brown, a witness for the plaintiff, testified as follows:
Nathaniel Heyward, a witness for the defendant, testified as follows:
(Italics added.)
The following are findings of fact by his honor, the circuit judge:
The exceptions are as follows:
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