Dargan v. McSween

Citations

• 33 S.C. 324
• 11 S.E. 1077
• 1890 S.C. LEXIS 153

Syllabus

<p>1. Bindings of fact by the Circuit Judge from written testimony reported to him in an equity cause, and, in part, varying from the terms of written instruments, reversed.</p> <p>2. Where a deed of conveyance acknowledges the receipt of $7,400 as its consideration, and the vendee executes a bond conditioned to pajr said _ sum of $7,400, after deducting therefrom “the full amount of any mortgage, debt, or judgment that is, or may be, a lien” upon the purchased premises, the payment of all such liens is a part of the purchase money which he contracted to pay for the land. He cannot, therefore, procure an assignment of the liens when paid by him and have them enforced to the prejudice of a lessee junior to the liens, but prior to this conveyance.</p> <p>3. Where one purchases land as agent for his wife, to whom the conveyance is made, and then takes to himself an assignment-of prior encumbrances, the amounts of which were deducted from the purchase money agreed upon, the agency still continued ; and the agent cannot enforce the encumbrances so'assigned to him, to the prejudice of others who had vested rights in this land at the time of such purchase.</p>