McDonald v. Woodward
Supreme Court of South Carolina
Before Gage, J., Fairfield, Actions (two) for possession of land by Sallie E. McDonald and Mary H. Wilkin against Wm. B. Woodward; Same against John A. Stewart, executor of Robt. McCarley and Thos. D. McCarley. From Circuit decree, all defendants appeal.
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Before Gage, J., Fairfield, Actions (two) for possession of land by Sallie E. McDonald and Mary H. Wilkin against Wm. B. Woodward; Same against John A. Stewart, executor of Robt. McCarley and Thos. D. McCarley. From Circuit decree, all defendants appeal. The latter cites : Interest governs in construing deed: 23 S. C., 235; 28 S. C., 129; 35 S. C., 327; 42 S. C., 345. Unpaid purchase money mortgage has priority over any other claim through mortgagor: 8 S. C., 49; 19 S. C., 238. The latter cites : Mortgage lien extends only so far as mortgagor’s title: 32 S. C., 215; 13 N. E. R., 505; 52 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In each of these actions the plaintiffs, remaindermen, after the death of the life tenant, sues the defendant as grantee of the life tenant for recovery of the land described. While not disputing the facts showing plaintiff’s title, the defendants seek to defend by showing that at the time of the conveyance to the life tenant and remaindermen, the life tenant executed a bond and mortgage for the purchase money on said lands; that said mortgage bound the interest of the remaindermen; that defendant after taking title from the life…
2Cited by2 opinions
- Belue v. FetnerSupreme Court of South Carolina · 1968
- Coleman v. ColemanSupreme Court of South Carolina · 1906