Gregory v. Ducker

Citations

• 31 S.C. 141
• 9 S.E. 780
• 1889 S.C. LEXIS 14

Syllabus

<p>1. The record of a chattel mortgage in the county where the mortgagor then resided, is constructive notice to purchasers of the mortgaged property all over the State.</p> <p>2. In action by mortgagee after condition broken to recover some of the mortgaged chattels from a purchaser from the mortgagor, the defences were a general denial, purchase for value, without notice, under the provisions of the recording acts, and payment. Held, that the answer raised only legal issues, and that the Circuit Judge erred in setting aside a verdict for plaintiff, ordering a new trial, and of his own motion directing plaintiff to bring in as additional parties other purchasers of other chattels included in the mortgage, so that defendant might present as a new defence the proper order in which these several chattels should be sold by plaintiffs. And such order is appealable.</p>