Sellers v. Hancock

Citations

• 42 S.C. 40
• 20 S.E. 13
• 1894 S.C. LEXIS 19

Syllabus

<p>1. Verbal Pledges — Sales.—A cow left in pledge for the payment of a debt, with parol authority to sell it if not redeemed in two weeks, may be sold without advertisement by the pledgee in possession, after the expiration of the time limited, and the buyer will get good title. The statute of 1882 (18 Stat., 124), regulating the sale of property pledged, does not apply to personal property verbally pawned. A charge to the contrary was error of law.</p> <p>2. Ibid. — Ibid.—Exceptions.—A written request to the trial justice to charge his jury, “If the cow was delivered to B simply as a pledge, and not sold to B, then B, when C failed to pay at the stipulated time, had a right to sell the cow,” was a proper request, and should have been charged; and all other requests having been charged, and this request reported by the trial justice as having been refused, an exception on appeal to the Circuit Court alleging error “in not charging the requests made by the plaintiff,” was not so general that its consideration by the Circuit Judge should be held by this court on appeal to have been error.</p>