The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-05-16
MRS. MARTIN WINS THE LAND.
Deed Intended as n Mortgage..-Issues
Referred to Jury In Equiy.

Bro,Onlee Us Martin ct al-No 2,208
Mrs Martin, defendant, at an .eXecu tors
sale, bid off two tracts OF land, one known as
the Home place and the other as the River
Place at the price OF 81 07 7S and Delng pn
cause, plalntiff, Browniee, took titles from
the executor by deed absolute upon It's face.
Mrs. Martin, however. went into possession
of both tracts. Sometime after this paper
styled q conditional sale. was executed be
tween the said Mrs. Martin, Johh NJ. Martin
and the said Brownlee, all Of them signing
1t under seal, In which, after reciting the
tin, &c, should pay to the said Brownlee, &c,
the said sum of 81 .806,75, with interest on or
before the Sd day Of December, 1889. In such
case the said Brownlee would convey the said
ulating that the said defendant, beingin pos
session, should not commit waste, DC, and.
further, that said instrument was not mort
gage but conditional sale, and upon failure
Of Mrs Martin, to comply that IT,, on p.ne,s the d,ay
might take possession as his own absolute
property in fee simple, under the deed made
to him by the executor. In 1850 the plaintiff
the defendants were then residing, and the
latter moved to the River place. In 1852 the
plaintiff commenced this action for the re-
covery Of said River place.
The defendants claim that the deed from
the executor to the plaintiff was intended
as O mortgage to secure the purchase money
which plaintiff had advanced for her on her
bid at the executors sale; that transaction
amounted to q loan Of the purchase money to
her by plaintiff, and that the deed was inten.
ded as mortgage to secure said loan; that
the subsequent conditional sale, so-calied was
only intended to fix the time when said loan
was to mature and that this was not carried
out In terms because Mrs Martin consented to
the sale OF the Home place on condition that
she could take the River place and settle the
whole matter. At the second tlial the first
T. lNt lnl, n
peal was vacated and q new trial granted. q
S. C,402,) certain issues were submitted to
jury. who found in favor of plaintiff. The Cir
cult Judge overruled said findings Of the jury
and sustained the defendants claim.
The defendants having interposed an equ1ta-
BILE defence to the action at law, which Is sub
stance amounted to an action by said defend
ants against the plaintiff, the Circuit Judge
was not bound by the findings of the1ury.. In
such cased he may sustain or entirely disre-
gard such findings as his judgment may deter
mine, the facts at last being for him. NOR on
appeal from his findings overruling the Jury
can said findings OF the jury have any effect
In the Supreme Court.
The Circuit Judge found that the deed from
the executor to the plaintiff was intended as
paper Styled condition sale, which was with
out any new consideration, did not charge
the character of this original deed and that
there was q valid and binding settlement
made of the whole matter when Mrs. Martin
the River place. He, therefore, ordered that
de- deed of the River place without warranty to
Mrs. Martin. Tie Supreme Court affirms the
Judgment of the Circuit Judge. Consider ng
the facts found found by the Circuit Judge TO
be the established facts In the case, the law
applied by him thereto is correct and the re-
suit legitimate and inevitable.
Judgment below affirmed. Opinion by
Simpson, C.J. -
MoC owan, A. J., dlssents He is Of opinion
that the finding that the original sale and ex-
ecution OF absolute title was intended to be
mortgage is manifestly against the overbear-
Ing weight OF the evidence.
Messrs Parker & MCGOWAN for appolian.
Messrs. Perrin & Cothran for respondents.