Ross v. Carroll
Supreme Court of South Carolina
Before HudsoN, J., Spartanburg, April, 1889. Action by O. A. Boss against Carroll & Carpenter, commenced in December, 1888. The opinion states the case.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The object of this action is to set aside a judgment of foreclosure previously obtained by default by the defendants herein against the plaintiff herein, upon the ground that the same is invalid and void, and to enjoin the sale *203of the mortgaged "premises under said judgment upon two grounds: 1st. Because said judgment was in excess of the relief demanded in the complaint. 2d. Because judgment was obtained upon a note, only half of which had become payable at the time the former action was commenced, and at the time the judgment in…
2Cited by3 opinions
- Bank of Columbia v. HavirdSupreme Court of South Carolina · 1914
- Prudential Insurance Co. of America v. LemmonsSupreme Court of South Carolina · 1930
- Leonard v. BennettOregon Supreme Court · 1940