Bankhead v. Shed
Supreme Court of South Carolina
Before Prince, J., York, December, 1907. Action by Alex. Bankhead against Irwin Shed and C. T. Alien.'. 'From! Circuit judgment, reversing judgment of Magistrate J. C. Comer, defendants appeal. cites: An antecedent existing debt is a valid consideration of a mortgage: 6 Cyc., 1013; 1 Cobbey on Chat. Mtgs., sec. 126; Jones on Chat. Mtgs., sec. 81. Sec. 357 of Criminal Code and amendments.
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Before Prince, J., York, December, 1907. Action by Alex. Bankhead against Irwin Shed and C. T. Alien.'. 'From! Circuit judgment, reversing judgment of Magistrate J. C. Comer, defendants appeal. cites: An antecedent existing debt is a valid consideration of a mortgage: 6 Cyc., 1013; 1 Cobbey on Chat. Mtgs., sec. 126; Jones on Chat. Mtgs., sec. 81. Sec. 357 of Criminal Code and amendments. Acts 1904, 428-9, are constitutional: 56 & C., 420 ; 61 S. C., 74. Mortgage given to secure payment of advances made is valid whether mortgagor is prosecuted for violation of contract or not: 2 McM., 256; 2…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This suit in claim' and delivery was commenced in a magistrate’s court and resulted in a verdict and judgment for defendants, but on appeal tor the Circuit Court, Judge Prince reversed the sarnie and rendered judgment in favor of plaintiff for the personal property in dispute.
The property, some furniture, originally belonged to John Bankhead, who, in 1906, was under contract with N. A. Clack to work some farm land for him that year. Bank-head, after receiving advances from Clack to the amount of $25.05-100, quit work, and by an…
2Cases cited5 opinions
- Booker v. WingoSupreme Court of South Carolina · 1888
- Groesbeck v. MarshallSupreme Court of South Carolina · 1895
- Bleckley Co. v. GoodwinSupreme Court of South Carolina · 1898
- Pierson v. GreenSupreme Court of South Carolina · 1904
- State v. RobinsonSupreme Court of South Carolina · 1905
3Cited by5 opinions
- All v. AllDistrict Court, E.D. South Carolina · 1918
- Liberty Mutual Ins. Co. v. GilreathSupreme Court of South Carolina · 1939
- Baker v. Mutual Loan & Investment Co.Supreme Court of South Carolina · 1948
- Leonard v. AtkinsonSupreme Court of South Carolina · 1925
- National Bank of Savannah v. AllCourt of Appeals for the Fourth Circuit · 1919