Pates & Allen Co. v. Bowen
Supreme Court of South Carolina
Before Memm-ingEr, J., Pickens, November, 1915. Action by the Pates & Allen Company against R. E. Bowen and others to determine the priority of certain chattel mortgages. After a judgment determining such priority, the Court, upon a rule to show cause, ordered and adjudged that the Bank of Norris was entitled to the property under the decree, or, if delivery cannot be had, to its value.
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Before Memm-ingEr, J., Pickens, November, 1915. Action by the Pates & Allen Company against R. E. Bowen and others to determine the priority of certain chattel mortgages. After a judgment determining such priority, the Court, upon a rule to show cause, ordered and adjudged that the Bank of Norris was entitled to the property under the decree, or, if delivery cannot be had, to its value. Plaintiff appeals. submits: The spirit of the common law and of legislation alike is opposed to rendering or vacating judgments on merits at chambers: 47 S. C. 33. To permit judgments to be rendered or vacated…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is a proceeding on the part of the Bank of Norris, requiring Pates & Allen Company to show cause, at cham bers, why they should not deliver to said bank a certain mule, over which each of said parties claims to have a prior lien by way of mortgage.
An action was commenced by Pates & Allen Company against the Bank of Norris and others to foreclose certain chattel mortgages executed in their favor by H. B. Bowen, deceased, but was thereafter changed into an action in the nature of a creditors’ bill, for the purpose of…
2Cases cited1 opinion
- Murchison v. MillerSupreme Court of South Carolina · 1902
3Cited by1 opinion
- Pates & Allen Co. v. Bank of NorrisSupreme Court of South Carolina · 1918