Grafton v. Patrick
Supreme Court of South Carolina
Action by Henry C. Grafton against S. R. Patrick. From judgment for plaintiff, defendant appeals on -the following exceptions: 1. “For that his Honor erred in holding, on the first examination of plaintiff, when defendant’s counsel attempted to prove by- him that he had knowledge of the fact that the horse described in the complaint had been traded, after a breach of the condition of the mortgage, that -such fact made no difference in plaintiff’s rights.
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Action by Henry C. Grafton against S. R. Patrick. From judgment for plaintiff, defendant appeals on -the following exceptions: 1. “For that his Honor erred in holding, on the first examination of plaintiff, when defendant’s counsel attempted to prove by- him that he had knowledge of the fact that the horse described in the complaint had been traded, after a breach of the condition of the mortgage, that -such fact made no difference in plaintiff’s rights. The error being that such fact was competent and relevant to' show one of the elements of estoppel by conduct. 2. “For that his Honor erred…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to recover possession of a horse.
The complaint alleges that on the 15th of April, 1907, R. J. Cunningham executed and delivered to the plaintiff a mortgage on the horse in dispute, to secure payment of a note given that day in the sum of $88.00, and payable on the first of October thereafter; that the mortgage was duly indexed and entered of record; that the mortgage has not been satisfied; that the defendant thereafter took possession of the horse and wrongfully refused to deliver him to the plaintiff.
The defendant…
2Cited by6 opinions
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- Sullivan v. MooreSupreme Court of South Carolina · 1910
- Charleston Live Stock Co. v. CollinsSupreme Court of South Carolina · 1908
- Brown Stribling v. RankinSupreme Court of South Carolina · 1915
- Bank of Norris v. Pates & Allen Co.Supreme Court of South Carolina · 1918
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