Wallace v. Craig

Citations

• 27 S.C. 514
• 4 S.E. 74
• 1887 S.C. LEXIS 154

Syllabus

<p>1. Findings of fact by the Circuit Judge from testimony heard by him, approved.</p> <p>2. In 1874 land was conveyed to C. trustee for L. (a married woman), and her children (L. then having children), with power in the trustee “to sell, dispose of, and convey” on the written request of L. In 1876, money being needed to pay taxes and other expenses on this land, L. borrowed money for the purpose from A., which loan, at her written request, was secured by a mortgage of the land, executed by the trustee to A. Thereafter, at the request of L., who desired longer indulgence and a reduction in the interest, W. purchased this mortgage and afterwards brought action of foreclosure against C., L., and her children. Held, that the mortgage was valid as to the interest of L. in the land, which interest was that of a tenant in common with her children living ■ at the date of the deed; but that the interests of the children were not validly mortgaged.</p>