49 S.C. 136 | S.C. | 1897
The opinion of the Court was delivered by
This is a suit for the foreclosure of a mortgage of real estate executed by defendant to plaintiff, 17th July, 1895, to secure a bond of same date, for the purchase money, conditioned to pay a certain sum, with specified interest, five years from its date, or as soon before that time as the title to the mortgaged premises shall by a court of competent jurisdiction be held or made good so far as an alleged defect alone is concerned. Suit was commenced in November, 1895. The alleged defect is set forth
Having reached this conclusion, we think it quite unnecessary to consider the other matters so ably and satisfactorily discussed in the opinion of Judge Benet.
The case of Woolfolk v. Graniteville Mfg. Co., 22 S. C., 337, cited in behalf of appellant, is not in conflict with the view here announced. In that case it was held that under our registry laws in force in 1820, a deed executed in South Carolina, and proved before a magistrate in Georgia, was not properly probated for record, because the act required such a deed to be probated “before a Judge of the Supreme Court, or a magistrate out of the Court.” The Court held that these words “meant officers of this State, commissioned by this State, and acting within this State.” In the case at bar, no officer was specified as the person who should take the affidavit.
If the proceedings in 1875 were not defective, it becomes tinnecessary to consider what curative effect subsequent proceedings have thereon.