McAdams v. Robinson

Citations

• 35 S.C. 385
• 14 S.E. 825
• 1892 S.C. LEXIS 183

Syllabus

<p>1. Void Proceedings — Mortgage—Estoppel.—Under proceedings in the Probate Court for settlement of an intestate’s estate, his land was purchased by his widow and administratrix, who paid her bid by receipting to the probate judge for the amount due on her second mortgage and also due on the first mortgage of defendant, who consented thereto, taking at the same time a new mortgage from this purchaser. This widow afterwards made another mortgage to B, reciting that defendant’s mortgage was the only prior encumbrance. Subsequently the widow assigned her mortgage against intestate to plaintiff, he having been informed that it was satisfied, after which defendant purchased B’s mortgage and took titles from the widow to the land. In action by plaintiff for foreclosure, the defence was payment. Held, that even if the proceedings in the Probate Court were void, the widow and her assignee were estopped from asserting the mortgage which she once held against this land, and that the proceedings of said court were admissible to show that plaintiff’s mortgage was paid. The question of title is not involved.</p> <p>2. Evidence. — A conversation between defendant and the widow, before her assignment to plaintiff, leading up to the arrangement between defendant and herself, was competent evidence.</p>