Levi v. Legg & Bell

Citations

• 23 S.C. 282
• 1885 S.C. LEXIS 103

Syllabus

<p>1. A chattel mortgage operates as a transfer of title, and the stipulation permitting the mortgagor to retain possession until condition broken, is personal to him and cannot be assigned; hence the mortgagee, before condition broken, may maintain action for recovery against the purchaser at sheriff’s sale of the mortgaged chattels.</p> <p>2. The Circuit Judge could not, without invading the province of the jury, char’ge them that “no damages having been alleged or proved, they could not render a verdict for damages.”</p> <p>3. The damages sustained by a plaintiff from the unlawful detention of his chattels, for the recovery of which he sues, constitute no part of his cause of action, but are incident to the violation of his rights; and whore damages are not alleged in the complaint, but claimed as part of the relief demanded, the jury may find a verdict for damages.</p> <p>4. Error on the part of the jury in finding damages without sufficient proof, can be corrected only by motion on Circuit for a new trial.</p>