Hughes v. Edisto Cypress Shingle Co.

Citations

• 51 S.C. 1
• 28 S.E. 2

Syllabus

<p>1. Res Judicata. — A consent order fixing the amount of a mortgage debt, and fee of mortgagee’s attorney, is binding on all parties consenting.</p> <p>2. Accounting — Receiver—Chatted Mortgage. — Expenses of insurance, watchman, &c., are properly charged against proceeds of property placed in hands of receiver to be sold and applied on mortgage debt.</p> <p>3. A CicuiT Judge who has completed his labors in one Circuit and gone into another, cannot then modify a decree which he had filed while in that Circuit.</p> <p>4. Evidence — Estopped—Practice.—When a party permits a written instrument to be introduced in evidence without proof of execution, he cannot afterwards question its execution.</p> <p>5. Personad Property — Fixtures—A Saw Mide and Engine placed on land for purpose of sawing timber, are not fixtures, but personal property.</p> <p>6. Corporations — Mortgage—Machinery.—Query: Do the provisions of Rev. Stat., sec. 1524, requiring private corporation to issue certain notices, &c., before assuming a bonded debt, apply to cases where such corporations issue mortgages for purchase money of machinery necessary for charter purposes?</p> <p>7. Ibid. — Ibid.—Ibid.—A Junior Judgment Creditor cannot question the authority of the officers of a private corporation to execute a recorded mortgage,, given to secure the purchase money of machinery sold to the corporation for corporate purposes.</p> <p>8. Costs — A Circuit Judge cannot require the fees of a stenographer, for assisting him in the preparation of the decree in a cause, to be paid out of the fund in Court.</p> <p>9. Appeae Bond — A Circuit Judge has no authority to require a litigant, who appeals from his decree, to execute a bond as a condition to the staying of the sale thereby.</p>