Neal v. Bleckley

Citations

• 36 S.C. 468
• 15 S.E. 733
• 1892 S.C. LEXIS 122

Syllabus

<p>1. Married Women — Mortgage—Power of Sale. — A married woman joined with her husband during several successive years in executing mortgages, which embraced her land and its rents, together with some personal property and rents of the husband, given, as alleged in the mortgages, for supplies to be advanced to the wife’s farm and to another farm controlled by the husband. The advances were not separately charged, and were received by the husband, and payments, derived in part from proceeds of the wife’s farm, were credited on the general account. These mortgages authorized a sale by the mortgagees on default of payment. A balance being past due and the powers of sale unrevoked, the mortgagees advertised the wife’s land under one of these unpaid mortgages, sold, purchased, and went into possession. Afterwards this married woman brought this action to set aside this sale and for recovery of the land. Held, that she was not entitled to such relief.</p> <p>2. Mortgages — Accounting.—But mortgagees being trustees, she could demand of these mortgagees an accounting, so as to ascertain the balance due on the mortgages.</p>