Legal Opinion

Brown v. Rankin

Supreme Court of South Carolina

Decided July 19, 1917No. 9772Published

Before SeasE, J., Walhalla, July, 1915. Action by William M. Brown and William J. Stribling, partners doing business as Brown & Stribling, against John J. Rankin and another. From a judgment for plaintiffs, defendant, John J. Rankin, appeals. cites: 100 S. C. 371; 77 S. C. 420; 91 S. C. 122. cites: As to immaterial amendment: 102 S. C. 326; 1 Enc.

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Before SeasE, J., Walhalla, July, 1915. Action by William M. Brown and William J. Stribling, partners doing business as Brown & Stribling, against John J. Rankin and another. From a judgment for plaintiffs, defendant, John J. Rankin, appeals. cites: 100 S. C. 371; 77 S. C. 420; 91 S. C. 122. cites: As to immaterial amendment: 102 S. C. 326; 1 Enc. PI. & Pr. 429. Mortgagee’s right to indulge debtor: Civil Code, sec. 4108; 77 S. C. 420. Tender: 38 Cyc. 137, 165, 166; 28 Enc. 15, 17. No estoppel: 77 S. C. 420, 426; 91 S. C. 122; 100 S. C. 371; 104 S. C. 163; 96 S. C. 120, 123; 11 Cyc. 425.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This case has been to this Court before, and will be found in 100 S. C. 371, 84 S. E. 1001. It is an action in claim and delivery.

The plaintiffs claim a right to the possession of two mules, by virtue of a mortgage by one C. E. Angel to the plaintiffs. The defendant bought the two mules in question from one Richardson. In the first instance the defendant answered, claiming that Angel was not the real purchaser of the mules and had never had the possession of them, nor claimed to own them. On the first trial the presiding Judge…

2Cases cited1 opinion

  1. Brown Stribling v. RankinSupreme Court of South Carolina · 1915

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