Supreme Court of South Carolina, 1907

Gantt v. Gantt

Supreme Court of South Carolina · Decided February 27, 1907 · Woods

56 S.E. 676; 76 S.C. 163; 1907 S.C. LEXIS 25 (South Eastern Reporter)

Counsel

Messrs. Efird Dreher , for appellant, cite: If W.A. Johnson before maturity delivered the papers to E.C.J. for value, they are valid obligations of the maker: 17 S.C. 496 ; 14 S.C. 142 ; 2 S.C. 344 . If E.C. assigned to Craft and he to appellant, she takes the title which E.C. held, notwithstanding she may have had notice of the purpose for which the papers were made: Jones on Mortg., 6 ed., sec. 559; 13 Rich. Eq., 222. Messrs. Graham Sturkie , contra, cite: Appellant must show that finding of Circuit Judge is clearly against the preponderance of the testimony: 70 S.C. 454 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The decree of the Circuit Court in this case is so manifestly in accord with the overwhelming weight of the testimony and so full and satisfactory that it is adopted as the judgment of this Court. Since the matter is referred to in the exceptions it Is proper to say the statement in the decree, that the mortgage “was given for the use and benefit of E. C. Johnson ” was manifestly a clerical error, the intention being to say it was for the benefit of W. A. Johnson.

It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.