Harris v. Rice

The opinion of the Court was delivered by Mr.' Justice Watts. This is an appeal from a decree of Judge Rice. His decree will be reported. The appellant by six exceptions alleges error. The exceptions should be overruled under South Carolina Insurance Co. v. Kohn, 108 S. C., 475; 95 S. E., 65. Allgood v. Spearman (S. C.), 118 S. E., 189. Prudon v. Williams, 26 N. J. Eq., 210; Jones on Mortgages (3d Ed), §§ 1227, 759, 1713, 1721, 1710. Rice assumed the outstanding mortgage given to Love for $3,000.00, on January 2, 1920. The judgment is modified to conform to the majority opinion. Messrs. Justices Fraser and Marion, and Mr. Acting Associate Justice W. C. Cothran concur in part. Mr. Chiee Justice Gary and Mr. Justice Cothran did not participate.