Before Wilson, J., Marlboro,

Action by J. P. Bell against J. W. Jackson. Plaintiff appeals.

Thp complaint and order in question are:

I. “That the defendant, J. W. Jackson, heretofore, on the 34th day of August, A. D. 1913, executed and delivered- to plaintiff his promissory note, of which the following is a copy:

$33,500. Dillon, S. C., August 34th, 1911.

On the 1st day of December, after date, I promise to- pay to the order of J. P. Bell, twenty-three thousand five hundred and no-100 dollars.

Value received. Payable at the Farmers & Merchants Bank of McColl. To be discounted at the rate of eight per cent, per annum, and if not paid at maturity to bear interest thereafter at the rate of eight per cent, per annum, and agree to pay all costs of collection, including ten per cent, attorney’s fees, if not paid when due. J. W. Jackson.

II. “The said note is a purchase money note, and was given to plaintiff to secure the unpaid purchase money of the following described land, to wit: (here follows description.)

III. “That at the same time the said note was given, to wit, on the 34th day of August, 1911, and as a part and parcel of the same transaction, the said J. W. Jackson executed an instrument in writing to- plaintiff, by the terms of which, among other things, he acknowledged and agreed that the twenty-three thousand five hundred dollars, set out in the note above mentioned, represented the unpaid purchase price of the land hereinabove described, and was given to secure the payment of the unpaid purchase price of said land, and that the said lan-d was to- stand good for the purchase money thereof, the amount of which is set out in the above mentioned note.

IV. “That the above mentioned note, according to- the terms thereof, became due and payable on the 1st day of December, A. D. 1911.

V. ’ “That no- part of said sum of twenty-fhree thousand five hundred dollars, to wit, the purchase money of the land above described, has been paid, except the sum of three thousand six hundred and eight dollars and eighty-eight cents, on the 8th day of September, 1911; which said payment has been duly credited on the said note.

VI. “That by the terms of the said note the said J. W. Jackson agreed to pay all costs of collection, including ten per cent, attorney’s fees, if the said debt was. not paid when due. That there is now due, outstanding and unpaid, on the purchase price of said land, the sum of nineteen thousand eight hundred and ninety-one dollars and twelve cents, and interest thereon from the 1st day of December, 1911, at the rate of eight per cent, per annum, and in addition thereto ten per cent, of the whole amount involved as attorney’s fees, as provided in said note.

“Wherefore, plaintiff prays judgment against the defendant :

(1) “For the sum of nineteen thousand eight hundred and ninety-one dollars and twelve cents, and interest thereon from the first day of December, 1911, at the rate of eight per cent, per annum.

…

Citation profile

Relationships

How this case has been treated — in progress