Darnall & Susong v. Darlington

Citations

• 28 S.C. 255
• 5 S.E. 620
• 1888 S.C. LEXIS 46

Syllabus

<p>1. It was stipulated in a chattel mortgage that on default the property should be sold after fifteen days’ posted notice at A., but after default the mortgagor telegraphed the mortgagee to take the property to S. The property was taken to S. and there sold after two days’ advertisement in a newspaper. Held, that the mortgagee was entitled to recover the deficiency, which remained after applying to the debt the proceeds of the sale, and that the mortgage was not satisfied, especially in absence of testimony that the sale was not fairly made and for a good price.</p> <p>2. The written stipulations in the mortgage itself and in the telegram constituted the ‘’consent expressed in writing,” provided for in the act of 1882 regulating the sale of property under a chattel mortgage. 18 Slat., 124.</p>