Smith v. Mallone

Decided April 18, 1878

Supreme Court of South Carolina · decided 1878-04-18

BEFORE COOKE, J., AT PlCKENS, March, 1876. This was an action by R. Press Smith against John C. Mallone and W. N. Craig, Sheriff. The case is as follows: On November 1st, 1873, the plaintiff executed and delivered to the defendant, Mallone, a mortgage of real and personal property to secure the payment of $20,000.

Cited by 4 later decisions — most recently July 1900

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-04-18

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¶1The opinion of the Court was delivered by

Haskell, A. J.

¶2The principal question involved in the appeal in this case has been recently determined by this Court in Homestead Building and Loan Association vs. Enslow et al. The law there stated is, that the homestead exemption does not deprive a man of the power to alien or encumber his real estate. The principles announced apply with even more force to the mortgage or sale of personalty, which is this case.

¶3The second ground of appeal, that real and personal property cannot together in the same instrument be the subject of mortgage, cannot for a moment be sustained, and, indeed, seems to have been abandoned by the appellants.

¶4The appeal is dismissed.

Willard, C. J., and Mclver, A. J., concurred.