Drewery v. Columbia Amusement Co.
Supreme Court of South Carolina
Before DeVorE, J., Richland, July, 1910'. Action by J. 'C. Drewery against Columbia Amusement Company and Perry-Mann Eledtric Company. Erom Circuit decree, plaintiff appeals. cites: The lease in. question is the subject of mortgage: 3 Ency. 164; 153 Fed. 644; 19 N. Y. 344; 71 N. Y. 341; 2 Johns. 523, 609. Creditors cannot take advantage of irregularity in execution of mortgage by corporation: 10 Cyc. 1195; 25 So.
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Before DeVorE, J., Richland, July, 1910'. Action by J. 'C. Drewery against Columbia Amusement Company and Perry-Mann Eledtric Company. Erom Circuit decree, plaintiff appeals. cites: The lease in. question is the subject of mortgage: 3 Ency. 164; 153 Fed. 644; 19 N. Y. 344; 71 N. Y. 341; 2 Johns. 523, 609. Creditors cannot take advantage of irregularity in execution of mortgage by corporation: 10 Cyc. 1195; 25 So. R. 523; 7 N. W. 695; 96 U. S. 258. cites: Mortgage is invalid: 53 S. C. 595. The lease is not a chose in action: 6 Ency. 3-5; 8 How. 450; 14 S. C. 581; 2 Words & Phrases 1147-8; 71…
1Opinion of the Court
January 20, 1911. The opinion of the Court was delivered by This is an action to foreclose a mortgage executed by the defendant, Columbia Amusement Company, upon its property, consisting of a leasehold interest, for a term of five years, in certain real estate situate in Columbia.
The practical question presented by the exceptions is, whether his Honor, the Circuit Judge, erred in ruling that the mortgage was void, by reason of the failure to comply with the requirements of section 1889, and subdivision 8 of section 1893 of the Code of Laws.
Section 1893 contains the following provisions:…
2Cases cited3 opinions
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
- Hughes v. Edisto Cypress Shingle Co.Supreme Court of South Carolina · 1897
3Cited by2 opinions
- Williamson v. Hotel MelroseSupreme Court of South Carolina · 1918
- Wetmore v. McElroySupreme Court of South Carolina · 1913