Padgett v. Cleveland
Supreme Court of South Carolina
Before Fraser, J., Spartanburg, August, 1889. This was an action by J. R. Padgett against John B. Cleveland and others, D. E. Converse, Jane Wilkes, and C. P. Sanders, assignee, commenced February 29,1888. Plaintiff claimed under a mortgage which was duly recorded in the real estate mortgage book, but never recorded in the chattel mortgage book.
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Before Fraser, J., Spartanburg, August, 1889. This was an action by J. R. Padgett against John B. Cleveland and others, D. E. Converse, Jane Wilkes, and C. P. Sanders, assignee, commenced February 29,1888. Plaintiff claimed under a mortgage which was duly recorded in the real estate mortgage book, but never recorded in the chattel mortgage book. The purchase of the second engine from the Mecklenburg Iron Works was made February 23, 1886, but the contract ■was not recorded until April 18, 1887. Between these two last dates, Cleveland and others made a loan to Tanner & Lemaster and secured it…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
It will be useful to make a short consecutive statement of the facts of this case. In 1885, Alonzo Tanner was the owner of three lots of land at Cowpens, in Spartanburg County. In December of that year he and one Lemaster formed a partnership under the firm name of “Tanner & Le-master,” by which they agreed to go into the business of manufacturing “doors, sash, and blinds.” Between that time and February, 1886, they bought in the firm name the necessary machinery, and by February they were ready for business. The machinery ivas put…
2Cases cited1 opinion
- Van Ness v. PacardSupreme Court of the United States · 1829
3Cited by11 opinions
- William Firth Co. v. South Carolina Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1903
- Rawls v. American Central Ins.Supreme Court of South Carolina · 1914
- People v. ChurchCalifornia Court of Appeal · 1943
- Blanchard v. Eureka Planing Mill Co.Oregon Supreme Court · 1911
- Hurst v. Craig Furniture Co.Supreme Court of South Carolina · 1913
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