Jennings v. Harrison

Citations

• 33 S.C. 206
• 11 S.E. 695
• 1890 S.C. LEXIS 124

Syllabus

<p>1. After judgment of foreclosure unappealed from, it is too late to make the point in a subsequent action, that the defendant, a married woman, had no power to make the mortgage so foreclosed. Mr. Chief Justice Simpson, not concurring.</p> <p>2. In action for the recovery of a tract of land, the defendant is estopped from asserting a right to the possession by virtue of marital rights which had attached prior to the Constitution of 1868, where he had procured a mortgage, to be taken from his wife, to secure advances, under the assurance that the land was her’s, agreed to a foreclosure sale, accepted with his wife the surplus proceeds of the sale, advised the vendee of the purchasers (the vendor of plaintiff) to buy the land, and rented it from such vendee for one year.</p>