In Re Spencer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the mortgage was improperly recorded because it did not contain two witness signatures and the evidence demonstrated that two witnesses were not present
• noting that when a document is presented to a clerk to record “which is regularly on its face ... its record operates as constructive notice to third persons, notwithstanding there may be a hidden defect in the acknowledgment.”
• “An improperly witnessed mortgage or even a mortgage without witnesses is not void as between the parties.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

1 case in this archive cites this case.

• Vieira v. McGrath (In re McGrath)
  D. South Carolina· 2015-06-12

Cites

15 cases in this archive are cited by this case.

• In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-Appellant
  Ninth Circuit· 1991-05-28· cited 259×
• Regions Bank v. Schmauch
  Court of Appeals of South Carolina· 2003-06-09· cited 150×
• Irma H. Sydnor Vivian E. Wyatt v. Conseco Financial Servicing Corporation, and Aapcoof Richmond West, Incorporated
  Fourth Circuit· 2001-03-07· cited 110×
• Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of Lubbock
  Fifth Circuit· 1986-07-14· cited 78×
• Burwell v. South Carolina National Bank
  Supreme Court of South Carolina· 1986-02-11· cited 58×
• Skagit State Bank v. Rasmussen
  Washington Supreme Court· 1987-11-12· cited 55×
• Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)
  D. South Carolina· 1995-08-25· cited 31×
• Corbett v. Bonney
  Supreme Court of Virginia· 1961-09-08· cited 25×
• Burnett v. Holliday Brothers, Inc.
  Supreme Court of South Carolina· 1983-07-13· cited 12×
• Jamieson v. Jamieson
  Missouri Court of Appeals· 1995-10-24· cited 11×
• Leasing Enterprises, Inc. v. Livingston
  Court of Appeals of South Carolina· 1987-12-14· cited 10×
• Franklin Savings & Loan Co. v. Riddle
  Supreme Court of South Carolina· 1950-03-09· cited 10×
• Hawkins v. First National Bank, Crossett (In Re Bearhouse, Inc.)
  W.D. Arkansas· 1989-02-13· cited 10×
• Rogers v. Great American Federal Savings & Loan Ass'n
  Supreme Court of Arkansas· 1990-12-17· cited 7×
• Associates Financial Services Co. of Mississippi, Inc. v. Bennett
  Mississippi Supreme Court· 1992-12-31· cited 6×