City Council of Charleston v. Caulfield

Citations

• 19 S.C. 201
• 1883 S.C. LEXIS 71

Syllabus

<p>1. Failure of master to report liis conclusions of law and fact, is no ground for an exception. Soilman v. Solimán, 6 S. O. 30, approved.</p> <p>2. Bonds of a municipal corporation received and sold by the mortgagor are a sufficient consideration to support his mortgage.</p> <p>3. A claim of homestead cannot be asserted by the mortgagor against his mortgage deed.</p> <p>4. A mortgage based upon the receipt of certain fire loan bonds cannot, after default, be decreed to be satisfied by the return of like bonds, although the mortgagor was permitted, by the terms of his contract, to discharge his debt before its maturity by a payment in such bonds — especially so, no-tender having been made.</p> <p>5. There is no error in refusing to strike from the docket a cause in which no steps have been taken by plaintiff for a year and a day after answer filed.</p> <p>6. A stay of sale, pending appeal from a decree of foreclosure, is not proper unless the appellant has executed the written undertaking required by section 352 of the code of procedure.</p> <p>7. A party having given a mortgage to secure payment for certain fire loan bonds, issued by a municipal corporation, which bonds were received by him and sold, and the proceeds used for his own purposes, is bound by his mortgage, whether the bonds were legally issued or not.</p> <p>8. A mortgage given to the city council of Charleston to secure the redemption of certain bonds issued by them to the mortgagor, is properly sued by the city council in its own name.</p> <p>9. Notwithstanding a power of sale given in this mortgage, foreclosure, under the stipulations of the contract, and even without any such stipulation expressed, might be had in the Court of Common Pleas.</p> <p>10.Under the amendments to the statute which authorized the issue of these bonds, and under the ordinance of the city council, passed in pursuance thereof, the erection of wooden buildings upon the lots mortgaged was permitted.</p>