J. W. Dillon & Son Co. v. Oliver
Supreme Court of South Carolina
Before Shipp, J., Dillon, Spring term, 1916. Action by J. W. Dillon & Son Company against J. S. Oliver and another. From a judgment for defendants, plaintiff appeals. submit: A chattel mortgage which is witnessed only by one of the mortgagees and probated on the affidavit of such witness is not entitled to be recorded: Sec. 1352, Code of Laws of S. C., 1912; 27 S. C. 262; 79 S. C. 361; 22 S. C. 332; 21st Enel, of Law (2d ed.) 568; 46 L. R. A. 721; 50 N. E. 437; 90 S. C. 470;…
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Before Shipp, J., Dillon, Spring term, 1916. Action by J. W. Dillon & Son Company against J. S. Oliver and another. From a judgment for defendants, plaintiff appeals. submit: A chattel mortgage which is witnessed only by one of the mortgagees and probated on the affidavit of such witness is not entitled to be recorded: Sec. 1352, Code of Laws of S. C., 1912; 27 S. C. 262; 79 S. C. 361; 22 S. C. 332; 21st Enel, of Law (2d ed.) 568; 46 L. R. A. 721; 50 N. E. 437; 90 S. C. 470; Ann. Cas. 1913b, 1073, and note; 8 Conn.; 21 Am. Dec. 695. The mere copying upon the book of record of a chattel…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiee Justice Gary.
The question herein arises under the recording statutes. On the 7th day of February, 1914, H. C. Cook executed a mortgage on certain personal property in favor of the J. S. Oliver Company, a partnership composed of J. S. Oliver and L. M. Oliver, doing a general mercantile business. D. M. Oliver was the managing partner, and he subscribed his name as a witness to the execution of said mortgage, which was recorded on the 16th day of March, 1914. On the 30th da}*- of March, 1914, H. C. Cook executed another mortgage on said…
2Cases cited4 opinions
- Ex Parte HiltonSupreme Court of South Carolina · 1902
- Brayton v. BeallSupreme Court of South Carolina · 1906
- Watts v. WhetstoneSupreme Court of South Carolina · 1908
- Carolina Timber Co. v. HoldenSupreme Court of South Carolina · 1912
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