Ellis v. Mason

Citations

• 32 S.C. 277
• 10 S.E. 1069
• 1890 S.C. LEXIS 47

Syllabus

<p>1. If goods shipped by mortgagor to mortgagee without direction as to application are covered by the mortgage; or, not being covered by the mortgage, are directed to be applied to the mortgage debt, the proceeds of their sale must be applied to the debt secured by the mortgage.</p> <p>2. This case distinguished from Whilden & Co. v. Pearce, 27 S. 0., 44.</p> <p>3. Exceptions based upon a failure to charge what was not requested, and upon a charge favorable to appellant, not considered.</p> <p>4. Exceptions charging error in refusing a motion made on the minutes for a new trial, and “because the verdict of the jury was contrary to the law and the evidence and the terms of the mortgage,” not considered.</p>