Lindsay v. Garvin

Citations

• 31 S.C. 259
• 9 S.E. 862
• 1889 S.C. LEXIS 28

Syllabus

<p>1. A mortgage of land was given to secure the purchase price of a mule, which, by agreement-, was returned and a mare taken in exchange, and a mortgage given on -the mare to secure the payment of §04 boot. Subsequently the mare was returned and the chattel mortgage can-celled, and it was verbally agreed that the land mortgage should stand as security for §25, hire of the mule, and a store account meanwhile contracted. Held, that the land mortgage was extinguished, and could not by parol testimony be applied to a debt subsequently contracted.</p> <p>2. But plaintiff, under his action of foreclosure, may enter an ordinary judgment on his debt.</p>