American Mortgage Co. v. Woodward
Supreme Court of South Carolina
Before Prince, J., Aiken, September, 1908. Action by American Mortgage Company of Scotland, Limited, against Mrs. A. G. Woodward.
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Before Prince, J., Aiken, September, 1908. Action by American Mortgage Company of Scotland, Limited, against Mrs. A. G. Woodward. Prom judgment for plaintiff, defendant appeals. cite: A collecting bank is the agent of the holder of a note: 7 Wall., 451: 93 U. S., 385; 51 L. R. A., 499. Wife could not lazvfully borrow money to pay husband’s debts, if lender knew how it zvas to be used: 33 S. C., 232; 301 S. C., 97; 31 S. C.. 492; 29 S. C., 492; 32 S. C., 499. The act of 1882 operated on all mortgages given by married zvomen, zmthout respect to when land was acquired: 16 S. C., 269; 18 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
The plaintiff, a corporation under the laws of Great Britain and Ireland, brought this action against defendant to foreclose a mortgage upon real estate in Aiken county, S. C., and the suit resulted in a decree of foreclosure by Judge Prince, dated September 7, 1908, for the sum of $1,527.13.
1 The first question we notice is whether the mortgage is invalid, on the ground that the mortgagor was a married woman at the time of its execution, March 12, 1886, and the contract was not “as to her separate estate,” as required in…
2Cases cited8 opinions
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
- Land Mortgage Co. v. GillamSupreme Court of South Carolina · 1897
- Bates v. American Mortgage Co.Supreme Court of South Carolina · 1893
- American &c. Co. v. FelderSupreme Court of South Carolina · 1895
- Brown v. BrownSupreme Court of South Carolina · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lassman v. JacobsonSupreme Court of Minnesota · 1914
- Robertson v. Mississippi Valley Co.Mississippi Supreme Court · 1919
- Mayfield v. British & American Mortgage Co.Supreme Court of South Carolina · 1916
- Richbourg's Shoppers Fair, Inc. v. StoneSupreme Court of South Carolina · 1967
- Robert L. Huffines, Jr., Foundation, Inc. v. Rockie Realty, Inc.District Court, D. South Carolina · 1972
4 more not listed; retrieve them via the Exa API.