Green v. Scruggs
Supreme Court of South Carolina
Before Townsend, J., Cherokee, July, 1905. Action by T. A. Green against Geo. D. Scruggs and M. J. Hicks. From^ circuit order reversing judgment of magistrate, plaintiff appeals. cite: 28 S. C., 258; 31 S. C., 168; 16 Misc., N. Y., 72; 37 N. Y. Supp., 663; 73 N. Y. St., 283; 5 Mich., 423; 2 Rowy. U. S., 231; 11 Fed. Cas., No. 5, 883; 7 Nat. Bank Reg., 61; 42 Mich., 119; 5 N. W., 291; 1 S. C., 129. cite: 31 S'. C., 168; 28 S. C., 258; 47 S'. C., 374; Code 1902, 3004.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought by T. A. Green in a magistrate’s court to recover $48.58, an alleged unpaid balance on a promissory note dated August 16, 1901. When the note was given it was secured by chattel mortgage on a buggy, a wagon and a set of harness. The mortgage provided upon default this property might be sold at public auction for cash on five days’ notice, the proceeds of sale to be applied to the debt and the cost and expenses of collection, and the surplus, if any, paid to< the mortgagors. The buggy was seized and, at a sale…
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