Martin v. Jenkins

Citations

• 51 S.C. 42
• 27 S.E. 947
• 1897 S.C. LEXIS 50

Syllabus

<p>1. Cdaim and Delivery — Chatted Mortgage — Practice.—A second mortgagee, holding a chattel mortgage executed after condition broken of first mortgage, cannot maintain an action in claim and delivery against the purchaser of the chattel from the senior mortgagee after condition broken.</p> <p>2. Ibid.. — Ibid.—Ibid..—A mortgagor executing a second chattel mortgage after condition of first has been broken, thereby only conveys an equity of redemption in the chattel, and such junior mortgagee cannot maintain an action in claim and delivery against the mortgagor, but must bring his suit in equity for an accounting.</p>