National Exchange Bank v. Holman

Citations

• 31 S.C. 161
• 9 S.E. 824
• 1889 S.C. LEXIS 24

Syllabus

<p>1. In action to recover the balance due on a note secured by a chattel mortgage after seizure and sale of the mortgaged chattels, the defendant pleaded payment by agreement of the plaintiff to accept the mortgaged property in full discharge of the debt; but there was no testimony to support this defence. Held, that the court would not consider the defence raised in argument that the debt was destroyed by a sale in a county other than that in which the property was found. 18 Slat., 124.</p> <p>2. If mortgaged chattels be sold in a county other than that provided for by statute, do the seizure and sale operate to extinguish the debt?</p>