Pittman Bros. v. Raysor

Citations

• 49 S.C. 469
• 27 S.E. 475
• 1897 S.C. LEXIS 129

Syllabus

<p>1. Binding oe Fact by the Circuit Judge, that the mortgage in question was given by wife to secure husband’s debt, affirmed.</p> <p>2. Assignment — Words and Phrases. — The words, ‘ ‘advances made, ’ ’ in the assignment herein construed to mean past advances.</p> <p>3. Assignee — Mortgages.—When an assignee takes a mortgage in consideration of past indebtedness, he takes it subject to all the equities existing between the original parties. Following Gibson v. Htdchins, 43 S. C., 288, and British American Mortgage Co. v. Smith, 45 S. C., 83.</p> <p>4. Mortgages — Estopped—-Married Women. — When a party is not induced to part with something of value by the declaration of a married woman in a mortgage, that the same is executed for the benefit of her separate estate, she is not afterwards estopped from denying such declaration.</p>