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· 9/3/1895

American &c. Co. v. Felder

Citations

  • 44 S.C. 478
  • 22 S.E. 598
  • 1895 S.C. LEXIS 101

Syllabus

<p>1. Attorney. — Notice—Married Women. — A party is chargeable with notice of all facts made known to the attorney employed by linn to examine the title of land offered as security for a loan, and while engaged in such examination, affecting the validity of the proposed mortgage, as, e. g., that the mortgage to be given by a married woman was to raise money for her husband’s use.</p> <p>2. The Finding of Fact by tiie Circuit Judge, from testimony reported by the master, that an attorney had notice of the intended application of money about to be borrowed in the name of a married woman, not disturbed.</p> <p>3. Married Women — Mortgage—Proceeds.—A mortgage is null and void where given by a married woman to raise money for her husband’s use, with the knowledge of the mortgagee, the proceeds of the loan being received by the husband on drafts given by mortgagee to mortgagor and payable to her order, and endorsed by her and handed to her husband to collect.</p>

Judges: Gary

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