Gibson v. Hutchins

Citations

• 43 S.C. 287
• 21 S.E. 250
• 1895 S.C. LEXIS 163

Syllabus

<p>1. Married Woman — Mortgage.—A mortgage made by a married woman for the benefit of her separate property, while the act of 1881 was of force, is a valid instrument, even in the absence of a declaration of an intention to bind such property.</p> <p>2. Ibid. — Ibid.—Findings of Fact. — The findings by the Circuit Judge, that a loan negotiated by a married man in bis wife’s name was not for the benefit of her separate estate, and that he was not her agent, not being excepted to, these findings are conclusive.</p> <p>3. Married Woman — Mortgage.—Assignee.—A transferee of a past due note and mortgage given by a married woman, but not binding upon her separate estate in favor of the mortgagee, is also not binding in favor of the purchaser by virtue of the transfer, it being subject in his hands to all the equities existing between the original parties.</p> <p>4. Ibid. — Ibid.—-Deed.—A judgment by default in foreclosure proceedings being about to be taken against a married woman on an invalid mortgage, she made a deed, absolute on its face, but in intent a mortgage, to the mortgaged land. With this deed the grantee obtained from a bank in 1892 money sufficient to pay off the woman’s mortgages and some antecedent indebtedness of his own to the bank, securing it all by his mortgage, the bank believing the deed to be absolute. Held, that the bank could enforce its mortgage to the extent that its money was used in paying the prior mortgage, but not for the antecedent indebtedness of its mortgagee.</p> <p>5. Ibid. — Ibid.—-Ibid.—Assignment.—Nor could an assignee, to whom this apparent grantee, but real mortgagee, had conveyed this land in a deed of assignment for the benefit of his creditors, claim any interest in the land.</p>