Parker & Co. v. Jacobs

Citations

• 14 S.C. 112
• 1880 S.C. LEXIS 104

Syllabus

<p>1. The rule at law and in equity stated, as to rights of a mortgagee of personal property in which the mortgagor had no interest, actual or potential, at the date of his mortgage.</p> <p>2. Where such mortgage has been executed, and an antecedent creditor subsequently obtains judgment against the mortgagor, and levies upon the property before it is delivered to the mortgagee, the mortgagee is entitled to recover its possession from the officer making the levy.</p> <p>3. Where it was stipulated in such mortgage that the mortgaged property should be delivered to the mortgagees in Charleston to be sold by them as factors, a delivery of the property to a railroad company for shipment consigned to the mortgagees, is not a delivery to them, nor a transfer of the legal title.</p> <p>4. A plaintiff, since the code, can enforce an equitable right to property in dispute under a form of action which seeks relief formerly obtainable only in a court of law.</p>