Citation Codes Equivalent Citations citation codes Docket Number 9994 Attorney(S) Messrs. Simpson, Cooper Babb, for appellants, cite: As to appellants being innocent purchasers for value, without notice of claim of respondent: 81 A.S.R. 588 (N. Dakota); 14 Iowa 544; 83 Am. Decisions 380; 63 A.S.R. 460 (Iowa); 28 A.S.R. (Neb.); 24 Law Ed. U.S. 706; 27 Cyc. 1431, 1429; 12 A.S. Rep. 175 (Iowa); Washburn on Real Property, vol. XI, 190; Pomenory's Eq. Jurisp., vol. II, sec. 191; 5 S.C. 342; 14 S.C. 66; 15 S.C. 171; 2 Jones on Mortgages 959; 22 S.C. 339, 346, 356, 351; Code 1912, vol. I, sec. 1322; 81 A.S.R. 593; 87 N.Y. 446; 57 A.S.R. 509; 107 U.S. 480; 27 Law Ed. 529. Plaintiff has no right to foreclose its mortgage, but at best has only a right to redeem: 27 Cyc. 1812e, 1814-14-1826-5. Plaintiff was negligent in failing to have its assignment recorded, and the parties should be left where the Court finds them. Between equal equities the law will prevail: 16 Cyc. 138. Messrs. Barron, McKay, Moffatt Frierson, and Messrs. Blackwell Sullivan, for respondent, submit: That the person, who is permitted and required to enter satisfaction upon the record of a mortgage, is one who has received full payment or satisfaction: Vol. I, Civil Code of 1912, sections 1323 and 3461. Title to property cannot be taken away by theft or fraud: 28 S.E. ___; 100 Ga. 236. Plaintiff is the lawful owner and holder of the note and mortgage of Kate E. Cook: 26 S.C. 507; 20 S.E. 63; 38 S.C. 138; 11 Rich. 567. It was not negligence for plaintiff to fail to record its assignment: 60 S.C. 216; 38 S.E. 462; 15 S.C. 171; 2 Cow. 246; 14 Am. Dec. 475; 24 Oregon 204; 33 P. 604; 89 Mo. 553; 15 W. 142; 47 Neb. 616; 66 N.W. 622; 135 Tenn. 249; 182 S.W. 326; 139 N.W. 693; 205 N.Y. 105; 119 N.W. 931; 138 Wis. 82; 84 N.E. 928; 234 Ill. 336; 13 Okla. 719; 76 P. 130; 51 Led. 192; 27 Sup. Ct. Rep. 79. The satisfaction of a mortgage upon the record by a mortgagee, after he has assigned it, does not operate to cancel the mortgage as against a subsequent incumbrancer in good faith, and for value, if the assignee is not required to record his assignment: 87 Am. St. Reports 742; 25 Wn. 67; 64 P. 932; 10 Wn. 151; 38 P. 746. Plaintiff could not be accused of negligence for not recording its assignment: 57 Kan. 744; 48 P. 19; 25 Kan. 625; 37 Am. Rep. 274. Were the defendants equally free from negligence? 57 Kan. 744; 97 Ill. 156; 12 Col. App. — 54 P. 404; 95 Ind. 521; 15 S.C. 171. Plaintiff is entitled to maintain its action for foreclosure of its mortgage: 26 Rich. 401; 37 S.C. 503; 11 Rich. 704; 12 S.C. 61; 3 Oregon 129; 24 Ohio State Reports, p. 24; 28 N.J. Equity 361; 47 Barb., p. 91. Judges MR. JUSTICE WATTS. See more information ... Smart Summary Please sign up to generate summary. UNION NAT. BANK OF COLUMBIA v. COOK ET AL. June 25, 1918. The opinion of the Court was delivered by MR. JUSTICE WATTS. For the reasons assigned by F.P. McGowan, Esq., special referee, which report was confirmed by the Circuit Court, it is the judgment of this Court that the judgment of the Circuit Court be affirmed. Affirmed.