Harper v. Abercrombie
Supreme Court of South Carolina
Before MemminGER, J., Laurens, Spring term, 1920. Action by J. C. Harper and R. G. Harper, partners as Overland-Harper Co., against John Abercrombie. From judgment for defendant, the plaintiff appeals. cite: Testimony contradicting the face of the mortgage was incompetent: 97 S. C. 136. Deed absolute cannot be shown by parol to be upon a condition: 58 S. C. 125; 27 S. C. 348. Registration of mortgage as notice: 1 Civ.
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Before MemminGER, J., Laurens, Spring term, 1920. Action by J. C. Harper and R. G. Harper, partners as Overland-Harper Co., against John Abercrombie. From judgment for defendant, the plaintiff appeals. cite: Testimony contradicting the face of the mortgage was incompetent: 97 S. C. 136. Deed absolute cannot be shown by parol to be upon a condition: 58 S. C. 125; 27 S. C. 348. Registration of mortgage as notice: 1 Civ. Code 1912, sec. 3542; 20 R. C. L. 320; 104 S. C. 164; 27 Cyc. 1199; 16 Cyc. 730; 77 S. C. 425. Verdict should have been directed: 104 S. C. 16; 109 U. S. 478. Charge on facts:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydriciv
Plaintiffs sued defendant for possession of an automobile, claiming title under a past-due chattel mortgage given them by R. E. Garrett for the purchase price thereof. The mortgage was dated and recorded April 4, 1919. Defendant denied the allegations of the complaint and 'set up the defense of estoppel, on the ground that plaintiffs had held Garrett out as their agent to trade the car to him, and that he had traded for it in that belief. •
One of the plaintiffs testified that he sold the car to Garrett and took his note due at one…
2Cases cited10 opinions
- Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- State v. JonesSupreme Court of South Carolina · 1910
- Dennis v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
- Dover v. Lockhart MillsSupreme Court of South Carolina · 1910
- Caldwell v. DuncanSupreme Court of South Carolina · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Coleman v. StevensSupreme Court of South Carolina · 1923
- State v. DrakefordSupreme Court of South Carolina · 1922
- Terry v. RichardsonSupreme Court of South Carolina · 1923
- Nelson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1939
- Coleman v. StevensSupreme Court of South Carolina · 1923
1 more not listed; retrieve them via the Exa API.