Gleaton v. Tyler

Citations

• 43 S.C. 474
• 21 S.E. 333
• 1895 S.C. LEXIS 184

Syllabus

<p>1. Husband and Wipe — Agency—Application op Payments. — -In action for foreclosure of mortgage, defendant is not entitled to have her mortgage credited with rents for the mortgaged lands, received by plaintiff from the tenant of the land after the date of the mortgage under a contract previously made that these rents should be paid to plaintiff, and which were applied, under the direction of defendant’s husband, acting as her agent, to a debt due by this husband to plaintiff.</p> <p>2. Ibid.. — -Ibid.—Ibid.—A husband, as agent of his wife, has no authority to direct moneys of his wife to be applied to a debt due by himself, and such moneys, therefore, must be treated as credits upon a then existing mortgage indebtedness of the wife to the creditor to whom the payments were made.</p>