C. M. Davis & Son v. Butler
Supreme Court of South Carolina
Before Memminger, J., Manning,-, 1916. Action by C. M. Davis & Son against Parker Butler. Judgment for plaintiffs, and defendant appeals. cites: As to rights of mortgagee: 45 C. C. A. 271; 138 Mass. 586; 15 Colo. 131; 83 S. C: 80; 5 A. & E. Ann. Cas. 515; 1 Porter (Ala.) 423. Trespass: 85 S. C. 346; 5 A. & E. Enc. of L. 999. cites: 40 Cyc. 222, 223; 28 A. & E. Enc. of L. 499. r •
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Parker Butler and Mackey Brown gave Summerton Gin Company a chattel mortgage for $60. Brown sold Davis & Son a bale of cotton covered by the mortgage, but failed to appply the proceeds of sale to the mortgage debt. The gin company sued Davis & Son for possession of the cotton to subject it to the mortgage debt. After seizure of the cotton in that action, but before it was delivered to the gin company, Davis & Son paid the gin company $63, the amount due on the mortgage and the costs of the action, and the gin company assigned the…
2Cited by1 opinion
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