Whilden & Co. v. Pearce

Citations

• 27 S.C. 44
• 2 S.E. 709
• 1887 S.C. LEXIS 97

Syllabus

<p>1. Excoptions should state specifically the errors complained of.</p> <p>2. Findings of feet by master and Circuit Judge approved.</p> <p>3. Defendant mortgaged land and chattels to secure advances not to exceed $3,000, and the mortgage stipulated that the mortgagees should have “a lien on all crude turpentinej rosin, and spirits of turpentine to he made or controlled by” the mortgagor during the year; and the mortgagor further covenanted that he would ship all his naval stores to the mortgagees ' to be sold by them on commission, the proceeds of sales to be applied to the payment of advances made by the mortgagees. Meld, that the naval stores were not mortgaged, there being no words of conveyance as to them, nor was this instrument an agricultural lien.</p> <p>4. The mortgagor having shipped naval stores to the mortgagees without any direction as to the application of payment, the mortgagees had the right to apply the proceeds of sale to advances made by them in excess of the $3,000 secured by the mortgage.</p>