Wood v. Babb

Citations

• 16 S.C. 427
• 1882 S.C. LEXIS 14

Syllabus

<p>1. Where the master’s report fully states his conclusions ol' law and fact separately, a Circuit decree which simply confirms the report is unobjectionable in form.</p> <p>2. Findings of fact by a master, concurred in by the Circuit judge, sustained.</p> <p>3. A creditor to whom a debt is payable on a day certain, waives the consequences of his debtor’s failure to pay on that day by then saying to the debtor, that, although the time to pay had expired, he supposed a few days would mate no difference; and a tender made within such few days could not be objected to as not being in proper time.</p> <p>4. Where a tender of a sum, admitted by the creditor to be the amount then due, is refused solely because the time for payment had expired, all other objections to the sufficiency of the tender are thereby waived,</p> <p>5. A legal tender having been made, the creditor, in action afterwards brought, is entitled to judgment for the amount so tendered, but without interest or costs.</p> <p>6. A wife mortgaged her separate property to secure the payment of her husband’s debt. Held, that the property occupied the position of a surety, and a legal tender, made by the husband to his creditor, discharged such property from the lien of the mortgage.</p>