Opinion

Brown v. Hughes

  • 94 S.C. 140
  • 77 S.E. 730
  • 1913 S.C. LEXIS 106
Court
Supreme Court of South Carolina
Filed
Mar 25, 1913
Status
Published
Author
Woods
On the bench
Woods
Cited by
3 cases
Authority
More cited than 1.1%

The opinion

Mr. Justice Woods,

concurring.

The question whether a mortgage which describes the property as “one 500-pound

*143

bale of cotton to be grown in the year 1911 on lands of Dr. John Hopkins, in Oconee county, adjoining lands of Will Alexander and others, where I now live,” is void for uncertainty in the description is one not free from difficulty. The tendency is to relax the strict rules on the subject, and the weight of authority is to the effect that such a mortgage describing the land and the proportion or quantity of a crop of a certain year gives the mortgagee a lien on the crop to the extent of the quantity of cotton called for.

Phoenix Furniture Co.

v.

Jaudon,

75 S. C. 229, 6 Cyc. 1033-1034;

Watson

v.

Pugh,

51 Ark. 218 , 10 S. W. 493 ;

Senter

v.

Mitchell,

16 Fed. 206 ;

Stephens

v.

Tucker,

55 Ga. 543 ;

Stephens

v.

Tucker,

58 Ga. 391 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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