Bankhead v. Shed
Supreme Court of South Carolina
Before Prince, J., York, December, 1907. Action by Alex. Bankhead against Irwin Shed and C. T. Alien.'. 'From! Circuit judgment, reversing judgment of Magistrate J. C. Comer, defendants appeal. cites: An antecedent existing debt is a valid consideration of a mortgage: 6 Cyc., 1013; 1 Cobbey on Chat. Mtgs., sec. 126; Jones on Chat. Mtgs., sec. 81. Sec. 357 of Criminal Code and amendments.
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Before Prince, J., York, December, 1907. Action by Alex. Bankhead against Irwin Shed and C. T. Alien.'. 'From! Circuit judgment, reversing judgment of Magistrate J. C. Comer, defendants appeal. cites: An antecedent existing debt is a valid consideration of a mortgage: 6 Cyc., 1013; 1 Cobbey on Chat. Mtgs., sec. 126; Jones on Chat. Mtgs., sec. 81. Sec. 357 of Criminal Code and amendments. Acts 1904, 428-9, are constitutional: 56 & C., 420 ; 61 S. C., 74. Mortgage given to secure payment of advances made is valid whether mortgagor is prosecuted for violation of contract or not: 2 McM., 256; 2…
1DissentChief Justice Pope
This action was begun in Magistrate J. C. Comer’s Court, in York county, for claim and delivery of certain personal property which had been mortgaged to secure a debt of twenty-five dollars and five cents.
It seems that one John Bankhead had contracted as a common laborer with Norris Clack for twelve months; at the expiration of four -months the said John Bankhead refused to go on with said contract; he had received advances in money and supplies to the extent of twenty-five dollars and five cents.
When the said John Bankhead left, Clack retained his furniture and a prosecution was threatened…
2Cases cited2 opinions
- Groesbeck v. MarshallSupreme Court of South Carolina · 1895
- Bleckley Co. v. GoodwinSupreme Court of South Carolina · 1898