City Council v. Ryan

Citations

• 22 S.C. 339
• 1885 S.C. LEXIS 28

Syllabus

<p>1. Findings of fact by the master, concurred in by the Circuit judge, approved.</p> <p>2. If the satisfaction of a mortgage be fraudulently accomplished, nevertheless the rights of a subsequent purchaser for valuable consideration without notice of such fraud, will be secure against the mortgage.</p> <p>3. Where the mortgagee endorsed his name in blank, under his seal, on the back of the mortgage, and then parted with its possession, and a satisfaction was thereafter written above his signature and duly entered of record, he must bear the consequences of the act made possible through his negligence, and an innocent subsequent purchaser will be protected.</p> <p>4. Where the right to jury trial exists, it is waived if all issues of law and fact be referred by consent to the master.</p> <p>5. The satisfaction of a mortgage does not require two subscribing witnesses.</p>