McAfee v. McAfee
Supreme Court of South Carolina
This was such an action as is stated in the opinion. In the matter of both the claims upon which the plaintiff’s mortgage was based, the testimony is vague, owing, perhaps, to the fact that both John T. M. McAfee and Dr. McLurkin were dead when the case was heard by the referee. Upon the subject of the husband’s right, even as against existing creditors, to waive in his wife’s favor his right to her services not yet rendered, counsel cited 1 Bish. Mar.
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This was such an action as is stated in the opinion. In the matter of both the claims upon which the plaintiff’s mortgage was based, the testimony is vague, owing, perhaps, to the fact that both John T. M. McAfee and Dr. McLurkin were dead when the case was heard by the referee. Upon the subject of the husband’s right, even as against existing creditors, to waive in his wife’s favor his right to her services not yet rendered, counsel cited 1 Bish. Mar. W., §§ 159-161; 2 Ibid., § 457 ; 12 Rich., 202; 8 Ibid., 50; 2 Rich. Bq., 273; 2 Bish. Mar. W-, §§454, 458, note 2, 420, 51, 460; 1 Ibid., §§…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
On the 15th day of May, 1880, John. T. M. McAfee, who is the intestate of the defendant, John C. McAfee, executed a mortgage to the plaintiff on a tract of land containing 565 acres, to secure the payment of eleven hundred and twenty-eight 58-100 dollars, alleged to be due for money *190borrowed at sundry times by the intestate from his wife, the plaintiff herein. On October 1, 1880, a portion of the mortgaged premises was sold and conveyed by the mortgagor to one C. J. Moore, leaving about 400 acres subject to the lien of the mortgage,…
2Cited by2 opinions
- Matthews v. MontgomerySupreme Court of South Carolina · 1940
- Hursey v. LaneCourt of Appeals for the Fourth Circuit · 1916