Werber v. Cain
Supreme Court of South Carolina
Before Watts, J., Sumter, Action by Catherine M. Werber against W. O. Cain, in ■his own right and as guardian of his wards, et al. From Circuit decree, the wards appeal. cite: Mortgagee should ham ascertained if guardian mortgage debt had been paid: 14 S. C., 86. Guardian has no power to- release security without consideration: 9 Ency., 71; 11 S. C., 551; 13 S. C., 163; 9 Rich.
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Before Watts, J., Sumter, Action by Catherine M. Werber against W. O. Cain, in ■his own right and as guardian of his wards, et al. From Circuit decree, the wards appeal. cite: Mortgagee should ham ascertained if guardian mortgage debt had been paid: 14 S. C., 86. Guardian has no power to- release security without consideration: 9 Ency., 71; 11 S. C., 551; 13 S. C., 163; 9 Rich. Eq., 194;' Spears Eq., 309. cite: As to extent of guardianes authority over security of ward: 18 Ency., 2 ed., 71; 24 Ibid., 303; 13 Rich. Eq., 324; 11 S..C., 551; 3 Rich. Eq., 156; 11 S. C., 408; Rich. Eq. Cas., 171;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
On January 28th, 1887, Emma F. Mellett executed her bond and mortgage upon 403 acres of land in Sumter County to W. O'. Cain, as guardian of the children of his brother, R. M. Cain, deceased, to- secure the sum of $3,000'. In December, 1892, Emma E. Mellett applied to plaintiff, then Catherine E. Moses, now Werber, through her brother, H. C. Moses, for a loan of $3,000, which loan ihe plaintiff was willing to make upon security of a first mortgage upon said land. Upon the importunity of Mrs. Mellett, who was his sister, and in…
2Cases cited1 opinion
- Wheeler v. AldermanSupreme Court of South Carolina · 1891
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- Gullick, Probate Judge v. SlatenSupreme Court of South Carolina · 1933
- Andrews v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1930
- Andrews v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1930
- Blair v. OwensSupreme Court of South Carolina · 1929