Salinas & Son v. Ellis
Supreme Court of South Carolina
Before Witherspoon, J., Abbeville, February, 1886. Upon the case, as stated in the opinion, the master, to whom all the issues had been referred, reported the following conclusions : I find as matters of fact: 1. That the note for $150 is not secured by the mortgage. 2. That J. C. Ellis and G. W. Con-nor made a conditional tender of the amount of the mortgage to Mr. Gary, the attorney for Salinas. 3. That said attorney was not authorized to receive payment of the mortgage…
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Before Witherspoon, J., Abbeville, February, 1886. Upon the case, as stated in the opinion, the master, to whom all the issues had been referred, reported the following conclusions : I find as matters of fact: 1. That the note for $150 is not secured by the mortgage. 2. That J. C. Ellis and G. W. Con-nor made a conditional tender of the amount of the mortgage to Mr. Gary, the attorney for Salinas. 3. That said attorney was not authorized to receive payment of the mortgage debt, unless the note for $150 was- also paid. 4. That said tender has not been kept good by the defendant, and the money…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
Jesse C. Ellis being indebted to A. J. Salinas & Son, merchants, of Charleston, obtained from them further advances in February, 1884, to the amount of $400, which was added to the previous indebtedness, and he agreed to pay the aggregate amount on or before February, 1885, and also to ship 125 bales of cotton, or, in case of failure, to pay $1.50 per bale as liquidated damages, &c. In order to secure this aggregate indebtedness, the said Ellis executed a mortgage of two lots in the town of Hodges, and two-thirds interest in a…
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