Manning v. Screven
Supreme Court of South Carolina
Before Gary, J., Sumter, April, 1898. Foreclosure by Richard I. Mánning against the heirs at law of Frances Knox. From Circuit decree, plaintiff appeals. cite: Pozver of sale includes power to mortgage: 2 DeS., 460; 52 S. C., 369; 14 Gratt., 96. Mortgage was a delegation of power to appoint to uses: 27 S. C., 313. The declaration of uses in the deed of 1881 in favor of the heirs of Prances was not a limitation to them as purchasers: 51 S. C., 555; 4 Rich. Eq., 475; io Rich.
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Before Gary, J., Sumter, April, 1898. Foreclosure by Richard I. Mánning against the heirs at law of Frances Knox. From Circuit decree, plaintiff appeals. cite: Pozver of sale includes power to mortgage: 2 DeS., 460; 52 S. C., 369; 14 Gratt., 96. Mortgage was a delegation of power to appoint to uses: 27 S. C., 313. The declaration of uses in the deed of 1881 in favor of the heirs of Prances was not a limitation to them as purchasers: 51 S. C., 555; 4 Rich. Eq., 475; io Rich. Éq., 495; 42 S. C, 390; Bail. Eq., 517; 44 S. C, 503. cite: Since the act of i?pi, a mortgage in this State is not a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action to foreclose a real estate mortgage claimed to> have been executed under a power conferred upon the mortgagor in a deed of trust. The Circuit Court held that the mortgage was not authorized under the power, and SO' dismissed the complaint. The appeal involves the construction of the trust deed. This deed was. executed in 1881 by Johnson J. Knox to William D. Blanding, his heirs and assigns, and conveyed the mortgaged lands, “In trust, nevertheless, for the said William D. Blanding and his heirs for the use of the…
2Cases cited4 opinions
- Le Roy v. BeardSupreme Court of the United States · 1850
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
- Hicks v. . WardSupreme Court of North Carolina · 1890
- Zane v. KennedySupreme Court of Pennsylvania · 1873
3Cited by7 opinions
- Dumas v. CarrollSupreme Court of South Carolina · 1919
- Larisey v. LariseySupreme Court of South Carolina · 1913
- Bell v. EdwardsSupreme Court of South Carolina · 1907
- United States Fidelity & Guaranty Co. v. MillsCourt of Appeals for the Fourth Circuit · 1944
- De Hihns v. FreeSupreme Court of South Carolina · 1904
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