Chapman v. Younger

Citations

• 32 S.C. 295
• 10 S.E. 1077
• 1890 S.C. LEXIS 52

Syllabus

<p>1. In action for cancellation of a noto and mortgage upon the ground of payment, the fact of payment being disproved, no ground exists for cancellation, nor can the plaintiff, under an amendment to that end, demand that defendant surrender these papers to another person alleged to be the lawful owner.</p> <p>2. The point that defendant should be enjoined from selling under a power of sale contained in the mortgage, because she was not the legal assignee, though embraced within the facts stated in the complaint and covered by the testimony, not determined, because it was not presented to the Circuit Court nor there considered, and because, if she is not the legal assignee, her sale under the power would not divest plaintiff’s title.</p>