McElwee v. McGill

Citations

• 57 S.C. 6
• 35 S.E. 401
• 1900 S.C. LEXIS 10

Syllabus

<p>1. Assignment — Release.—Where a deed of assignment required creditors to release in ninety days, but the agent of assignee, at his instance, made notice read, through mistake, that releases must be filed on the 91st day, and one creditor actually released within the ninety days, and no creditors actually filed releases on day named by assignee, but on that day quite a number executed an agreement not to release, an attorney signed such agreement for the releasing creditor under mistaken idea that he represented her, such releasing creditor cannot be deprived of her rights under the deed.</p> <p>2. Ibid. — The Assignee cannot extend the day for filing releases beyond the tithe stated in the deed.</p>