General Motors Acceptance Corp. v. Hanahan

Mr. Justice Stabler:

I concur in the result. I do not agree to the proposition that a chattel mortgage vests in the mortgagee title to the mortgaged property at the time of the execution of the mortgage; such is not now the law of this jurisdiction. Whatever may have been the earlier holdings of our Courts on this question, the later decisions all tend to the view that the title passes to the mortgagee only upon condition broken. See Martin v. Jenkins, 51 S. C., 43; 27 S. E., 948. Dickerson v. Cleland, 120 S. C., 221; 112 S. E., 920.

Messrs. Justices Brease and Carter concur.