Summer v. Kelly

Citations

• 38 S.C. 507
• 17 S.E. 364
• 1893 S.C. LEXIS 90

Syllabus

<p>1. Exceptions alleging error “in holding that, there was advanced on the mortgage only §586,” and because “the judgment of the court is without any testimony to support it,” do not require, under the rules of this court, any consideration.</p> <p>2. Chattel Mortgage — Payments.—Whenever the proceeds of sale of property covered by a chattel mortgage reach the hands of the mortgagee, in the absence of direction from mortgagor as to the application they must be credited on the mortgage debt.</p> <p>8. Ibid. — -Ibid.—Satisfaction.—And the receipt of such proceeds, after condition broken, is a waiver by mortgagee of the forfeiture, and these payments being sufficient to pay the mortgage debt, the mortgage lien is discharged, and title to the property revests in the mortgagor.</p> <p>4. Oi.atm and Delivery — Judgmbnt.—Where property is taken possession of by plaintiff at the time of commencing his action of claim and delivery, and the defendant denies the allegations of the complaint, but does not demand a return of the property so seized, or judgment for the value thereof, a judgment of dismissal is in proper form without any further directions.</p> <p>ñ. Oarer Criticised. — Thompson v. Lee, 19 S. 0., 490, and Robbins v. .Slattery, 30 Id.., 328, distinguished from this case.</p>