Herring & Co. v. Cannon

Citations

• 21 S.C. 212
• 1884 S.C. LEXIS 86

Syllabus

<p>1. A merchant purchased and received possession of an iron safe with his name painted thereon by the vendor, and for the purchase money gave to the vendor two notes, to each of which was added the stipulation that “in accordance with the terms of an agreement for the purchase of the safe, said vendors do not part with any title thereto until the purchase money has been fully paid.” Held, that this was “an instrument of writing in the nature of a mortgage,” which., under the second section of the act of 1843, required recording to be valid against subsequent creditors or purchasers for valuable consideration without notice. Gases reviewed and Talmadge v. Oliver, 14 S. C., 522, explained.</p> <p>2. The act of 1843 was intended to embrace such conditional sales, and to render all secret liens, whether verbal or written, invalid as against the rights of subsequent creditors or purchasers for valuable consideration without notice.</p> <p>3. Such safe having been attached and sold as the property of the vendee, at the suit of subsequent creditors without notice, the purchaser at such sale has good title to the safe, although having notice of the vendor’s claim. McKnight v. Gordon, 13 Rich. Eg., 223, recognized and followed.</p>