Flenniken v. Scruggs

Citations

• 15 S.C. 88
• 1881 S.C. LEXIS 55

Syllabus

<p>1. A being indebted to B by note, secured by a mortgage of a mare, dated April 24th, obtained the yerbal permission of B to exchange with C the-mare for a mule, provided A should give to B a lien on the mule. The-exchange was made May 4th (the condition of the mortgage being then broken,) but C had no knowledge of the mortgage or of the verbal permission. This mortgage was recorded May 24th. A never gave the lien to B, and the mule died. Held, that B was not entitled to recover from C the possession of the mare.</p> <p>2. The Circuit judge instructed the jury that if they believed the testimony they must find for defendant. There being no conflict of testimony, this instruction was free from error.</p>