McGowan v. Reid

Citations

• 27 S.C. 262
• 3 S.E. 337
• 1887 S.C. LEXIS 131

Syllabus

<p>1. A chattel mortgage is good between the parties without witnesses, but must have one witness and probate to entitle it to record. Where it has two subscribing witnesses, proof by one is sufficient to entitle it to be introduced in evidence.</p> <p>2. But, it seems, where a certain number of witnesses is required to make a paper valid, all of that number so subscribing should be produced, if within reach of the court, whenever there is any real contest over the execution.</p> <p>3. The mortgagee of chattels, after condition broken, is entitled to the possession of the property, and he may, by parol, authorize an agent to make seizure thereof. Here the authority to seize was in writing, and witnessed, but not being denied, and a witness not required by law, ir. was not necessary to produce the subscribing witness.</p> <p>4. Where the mortgagor points out property to the agent of the mortgagee as that which is covered by the mortgage, he cannot afterwards recover damages for illegal seizure, upon the allegation that the property seized was not embraced in the mortgage.</p> <p>5. A mortgage may subsist as a valid security, although the note secured thereby is barred by the statute of limitations.</p> <p>6. The possession of' a chattel by the mortgagor after condition broken is not adverse, where such possession is permissive and by consent.</p>