Griffin v. Griffin
Supreme Court of South Carolina
Before Leroy F. Youmans, special Judge, Clarendon, November, 1903. Action by Samuel W. Griffin against Joseph D. Griffin et al., on the following complaint: “The complaint of the above named plaintiff respectfully shows to this Court: “I. That on the 16th day of January, A. D. 1883, the defendant, Joseph D. Griffin, made and delivered to Moses Levi his. bond, bearing date on said day, conditioned for the payment of the full and just sum of $2,585, on or before the eighth day…
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Before Leroy F. Youmans, special Judge, Clarendon, November, 1903. Action by Samuel W. Griffin against Joseph D. Griffin et al., on the following complaint: “The complaint of the above named plaintiff respectfully shows to this Court: “I. That on the 16th day of January, A. D. 1883, the defendant, Joseph D. Griffin, made and delivered to Moses Levi his. bond, bearing date on said day, conditioned for the payment of the full and just sum of $2,585, on or before the eighth day of December, 1883, with interest from date at the rate of ten per cent, per annum until paid in full. “II. That on the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The Circuit Court overruled the demurrer to the complaint and the defendants appeal. It is well established that a purchaser who buys at a void sale purporting to be made under the power contained in a mortgage, with belief that he will obtain a good title, is subrogated to the rights of the mortgagee and may foreclose the mortgage. As we understand, the objection to this complaint is that there is no allegation that the purchaser bought and paid the purchase money honestly believing that he would obtain a good title. In Sims v.…
2Cases cited1 opinion
- Sims v. SteadmanSupreme Court of South Carolina · 1902
3Cited by3 opinions
- Griffin v. GriffinSupreme Court of South Carolina · 1906
- Griffin v. GriffinSupreme Court of South Carolina · 1909
- Bailey Sons v. WoodSupreme Court of South Carolina · 1905