National Cash Register Co. v. Burns
Supreme Court of South Carolina
1DissentOxner, Justice
*318The result of the majority opinion is that in a receivership proceeding, a holder of a past due chattel mortgage is entitled either to the possession of the property mortgaged or to an order requiring the receiver to immediately sell same for the purpose of satisfying the debt, notwithstanding the fact that there may be considerable equity in the property and the rights of the mortgagee are fully protected by the Court pending the liquidation of the assets. It is said that a Court of Equity has no discretion in the matter because every right of the lienholder denominated in the bond must be…
2Cases cited4 opinions
- In re HasieDistrict Court, N.D. Texas · 1913
- Western Powder Mfg. Co. v. Interstate Coal Co.District Court, E.D. Illinois · 1936
- Frye, Recr. v. MacWilsonOhio Court of Appeals · 1931
- James Freeman Brown Co. v. HarrisSupreme Court of South Carolina · 1911