Willis v. Whittle
Supreme Court of South Carolina
Before Prince, J., Barnwell, April, 1908. Action by D. F. Willis against J. D. Whittle and Laurie Sprawls. From judgment on nonsuit, plaintiff appeals. cite: Actual notice: 16 Ency., 790, 796. Entry: 1 Bouv. L. Die., 223. Breach of peace: 1 Bouv. L. Dec., 223. No citations.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an appeal from a judgment of nonsuit in an action of damages for trespass.
The plaintiff gave the defendant, Whittle, a chattel mortgage over a horse. The mortgage contained the usual clause, authorizing the mortgagee, or his agent, to seize and sell the property, on default of payment of the debt, and deduct from the proceeds of sale the costs and expenses of seizure, etc. The condition of the mortgage having been broken, the defendant, Sprawls, was appointed by the defendant, Whittle, as his agent, to seize the horse.…
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