Legal Opinion

Ex Parte Powell

Supreme Court of South Carolina

Decided March 28, 1904PublishedCited by 2 opinions

Before J. H. Hudson, special Judge, Richland, March, 1903. Petition by Eliza J. Powell, in re G. W. Fetner, against T. G. Patrick et al. Petitioner appeals from Circuit decree. The former cite: As to extinguishing mortgage debt by purchase of land: 20 S. C., 555; 55 S. C., 74; 24 S. C., '78; 6 Rich.

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Before J. H. Hudson, special Judge, Richland, March, 1903. Petition by Eliza J. Powell, in re G. W. Fetner, against T. G. Patrick et al. Petitioner appeals from Circuit decree. The former cite: As to extinguishing mortgage debt by purchase of land: 20 S. C., 555; 55 S. C., 74; 24 S. C., '78; 6 Rich. Eq., 343. cite: As to extinguishing mortgage debt by purchase of land: 64 S. C., 190. Effect of assignment of chattel mortgage: 10 S. C., 224; 27 S. C., 324; 15 Ency., 1 ed., 849; 4 Johns., 42; 47 Barb., 253.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

J. W. Powell executed to T. G. Patrick a mortgage on two¡ tracts of land, and a chattel mortgage, to secure the payment of a bond. One of the tracts was sold by Powell and the proceeds applied to- the debt. After the bond became due, Patrick assigned to Eliza J. Powell, the petitioner herein, the chattel mortgage security, but not the debt, and she assigned to him in exchange her interest in a certain judgment of foreclosure against J. W. Powell, covering land other than that embraced in Patrick’s mortgage, in order to secure, among…

2Cases cited1 opinion

  1. Powell v. PatrickSupreme Court of South Carolina · 1902

3Cited by2 opinions

  1. Rothberg v. Charles H. Hardin Construction Co.Court of Appeals of Georgia · 1965
  2. Ex Parte PowellSupreme Court of South Carolina · 1906

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