Powell v. Patrick
Supreme Court of South Carolina
Before Aldrich, J., Richland, November, 1901. Action by J. W. Powell against T. G. Patrick. From Circuit decree, plaintiff appeals. cites: Purchase of land at tax sale extinguishes mortgage debt: 20 S. C., 555; 55 S. C., 74. cite: Assignment of chattel mortgage does not carry debt: 10 S. C., 224; 27 S. C., 324; 15 Ency., 1 ed., 849; 4 Johns., 42; 47 S. C., 253. Rule of merger where only part of mortgaged property is purchased: 17 S. C., 499.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appellant’s attorney precedes his argument with the following statement of facts: “The sole question involved on this appeal is whether a bond executed by J. W. Powell to T. G. Patrick, on the 28th day of November, 1888, and secured by a mortgage of certain real estate in Fairfield County, was satisfied by the purchase of that real estate by T. G. Patrick under tax sale made on the first Monday in August, 1898, the tax deed being dated the r6th of August, 1898. The circumstances were as follows : On the 28th of November, 1888, J.…
2Cited by4 opinions
- Ex Parte PowellSupreme Court of South Carolina · 1904
- Bailey Sons v. WoodSupreme Court of South Carolina · 1905
- Bailey Sons v. WoodSupreme Court of South Carolina · 1905
- McCreary v. CoggeshallSupreme Court of South Carolina · 1906