Marshall, Wescoat & Co. v. Crawford

Citations

• 45 S.C. 189
• 22 S.E. 792
• 1895 S.C. LEXIS 28

Syllabus

<p>1. Chatted Mortgage — Fraud—Evidence.—A stipulation in a chattel mortgage, that the mortgagor should retain possession of the stock of goods, and sell the same in his business as merchant until the said debt is paid or this mortgage is foreclosed, all goods bought to take place of goods sold, is not of itself evidence of fraudulent intent. Pender v. Strieker, 44 S. C., 183, approved.</p> <p>% Mortgage — Fraud—Burden oe Prooe. — One who alleges fraud in the execution of a mortgage, which is not shown to cover all of mortgagor’s property, has the burden of proving the same.</p> <p>3. Ibid. — Ibid.—If any corrupt agreement existed between mortgagor and mortgagee not to record a mortgage within the forty days, it would be annulled as fraudulent.</p> <p>4. Charge. — A Circuit Judge is not bound to charge a request -in the exact words given; it is sufficient if he gives the substance.</p> <p>5. NEW Triad. — The action of the Circuit Judge in overruling motion for new trial approved.</p>