Bingham v. Harby & Co.
Supreme Court of South Carolina
Before DrVorS, J., Sumter, March, 1911. Action by R. PI. Bingham against Harby & Co. Plaintiff appeals. Plaintiff’s mortgage was executed'February 14, 1910, and recorded February 18, 1910. Defendant’s mortgage was executed March 17, 1910, and recorded March 25, 1910. cites: 28 Ency. 667: 3 Brev. 68; 2 Hill 256; 26 S. C. 110; 15 S. C- 552. cite: 15 S. C. 548; 69 S. C. 351; 70 S. C. 487, 275.
1Dissent
Mr. Justice; Watts,
dissenting. I dissent to the opinion of the Court. The first exception alleges error in holding that there was no evidence to show that the defendant had actual notice of the rights of the plaintiff. A careful examination of the testimony satisfies me that there was no testimony to go to the jury which would warrant them in inferring that the defendant had any notice of the existence of plaintiff’s mortgage until after he had sold the cotton and parted with the possession of it, and no testimony by which the jury could infer that the defendant had such notice that would put…
2Cases cited2 opinions
- Graham v. SeigniousSupreme Court of South Carolina · 1898
- Link v. BarksdaleSupreme Court of South Carolina · 1905