State v. Rice

Citations

• 43 S.C. 200
• 20 S.E. 986
• 1895 S.C. LEXIS 143

Syllabus

<p>1. Selling Property Under Lien — Bill op Sale. — At the trial of defendant in the Court of Sessions for disposing of chattels covered by a mortgage, the trial judge erred in construing a paper, which purported to be an absolute bill of sale of these chattels, as a mortgage, and in permitting it to be received in evidence.</p> <p>2. Ibid. — Exceptions.—Such paper having been construed to be a mortgage over defendant’s objection, he did not estop himself from excepting to this ruling on appeal by afterwards requesting a charge as to the effect of a payment made by him thereon.</p> <p>3. Ibid. — Removal prom State — Case Criticised. — If property covered by a lien is taken by the lienor beyond the limits of this State, with the purpose, or, perhaps, even with the effect, of putting it beyond the reach of the lienee, the statutory offence of disposing of property under lien is complete, and is within the jurisdiction of the courts of this State. Thus the purpose and effect of removal in such cases becomes a pertinent inquiry. This ease distinguished from State v. Reeder, 36 S. C., 497.</p> <p>4. Case Criticised — Part Payment Received on a Chattel Mortgage does not waive the forfeiture. The case of Summer v. Kelly, 38 S. 0., 507, explained, and held not to have so decided.</p>