Talmadge v. Oliver

Citations

• 14 S.C. 522
• 1881 S.C. LEXIS 20

Syllabus

<p>1. Where there is a conditional sale of personal property, the vendor retaining title until paid, the right of property continues in the vendor, except that since the act of 1843, (11 Stat. 256, l 3; Gen,. Stat., ch. XOVIIL, ? 6,) such a reservation, when verbal, is void.</p> <p>2. Such conditional sale, reduced to writing, held in this case to be an equitable mortgage; and although not recorded, is of prior claim lo a subsequent recorded mortgage, where action for recovery of the property is brought by the vendor against the second mortgagee within the time allowed by law for recording.</p>