Bredenberg v. Landrum

Citations

• 32 S.C. 215
• 10 S.E. 956
• 1890 S.C. LEXIS 38

Syllabus

<p>1. Where an instrument, in form a mortgage, omits the word “heirs,” the habendum being to the mortgagee, his executors, administrators, and assigns forever, with power to the mortgagee, on default, to enter, take possession, and sell, it is a legal mortgage entitled to registry, and a lien and pledge of all the mortgagor's interest in the land described. A mortgage not being an alienation or sale on condition, the word “heirs” is not essential to its validity, nor necessary to constitute it a lien on the fee simple estate.</p> <p>2. Bindings of fact by the Circuit Judge from written testimony, negativing fraud, approved.</p> <p>3. Where a mortgagee refuses to accept a deed of conveyance of the mortgaged premises, executed to him by the mortgagor, and retains the mortgage, there is no merger or extinguishment of the mortgage.</p> <p>4. Where a party, at the instance of the mortgagor, advances less than the mortgage debt in the purchase of the mortgage, judgment creditors of the mortgagor cannot object to the recovery of the full original debt by the assignee.</p> <p>5. Costs in equity are within the discretion of the Circuit Judge.</p>