McGahan v. Bank of Rondout
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill filed by the National Bank of Eondout, New York, in the Circuit Court of the United States for the District of South Carolina, September 26,1890, against Thomas E. McGahan, D. E. Smith, and E. P. Smith, citizens of South Carolina.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill filed by the National Bank of Eondout, New York, in the Circuit Court of the United States for the District of South Carolina, September 26,1890, against Thomas E. McGahan, D. E. Smith, and E. P. Smith, citizens of South Carolina. The bill alleged that on .November 30, 1883, "Walter B. Crane was seized and possessed in fee of all the undivided three-fourths of certain described parcels of land in Williams-burg and Georgetown Counties, South Carolina, known as the Longwood plantation and…
1Opinion of the CourtChief Justice Fuller
It is argued that' the Circuit Court should have held that the withholding of the mortgage from record invalidated it as against the creditors of the firm, hut no such defence to the mortgage was set up in the answer, and there having been no issue thereon below, it cannot be made in the first instance on appeal. ■ The decree of the Circuit Court refers to no such defence, and it is now too late to raise it. Nor do we find anything from which to conclude that the firm was given a fictitious credit by the conduct of Crane in this particular, or that the withholding of the mortgage from record…
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