Ellis v. Young

Citations

• 31 S.C. 322
• 9 S.E. 955
• 1889 S.C. LEXIS 31

Syllabus

<p>1. The plea of purchase for valuable consideration without notice may be defeated by showing notice in the purchaser (1) from the proper record of the deed or other paper under which the other party claims; (2) from actual knowledge of such deed or other paper, whether recorded or not, before completing the payment of the purchase money ; or (3) from such open and unconcealed possession as will amount t0' notice.</p> <p>2. Concurrent findings of fact by master and Circuit Judge approved.</p> <p>3. Where a party treats an instrumentas a mortgage and sues for its . foreclosure, his only standing in court is upon the theory that the paper sued on is a mortgage.</p> <p>4. Where a mortgagee lives upon the mortgaged land with the mortgagor, who is her son-in-law, as a member of his family, and he works and controls the land, and she exercises no acts of ownership thereon, she is not a “mortgagee in possession,” nor is her residence there any notice of her claim against the land.</p>