Spriggs v. Camp

Citations

• 29 S.C.L. 181

Syllabus

<p>1. One being indebted, gave bis note for the amount, and at the same time, to secure the debt, executed to his creditor a mortgage of certain personal property, by the terms of which, the sale of the property specified, was to be void on payment of the money when it became due; and in the event of its not being paid at that time, the mortgagee had the right to sell the property, and return the surplus, if any, to the mortgagor. Before the debt became due, the mortgaged property was attached in the possession of the mortgagor, and sold by the Sheriff under that process.</p> <p>2. It was held that the title to the property was, by the terms of the mortgage, vested in the mortgagee, and that before condition broken, he could maintain trover against the attaching creditor for the wrongful conversion.</p> <p>3. The mortgagor had no more than a permissive possession, under a license resulting by implication from the covenant in the mortgage.</p> <p>4. The mortgagee had a right not only to all the common law modes of proceeding, but to the security provided by the Act of 1827, which he could not have had, had he been forced to rely entirely on a special action on the case.</p>