Kaminsky v. Trantham
Supreme Court of South Carolina
Before Ardrich, J., Camden, June, 1894. Action in foreclosure by Hyman Kaminsky, as assignee of John R. Palls, against W. D. Trantham and others, among them J. T. Hay, who was in possession of the premises.
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Before Ardrich, J., Camden, June, 1894. Action in foreclosure by Hyman Kaminsky, as assignee of John R. Palls, against W. D. Trantham and others, among them J. T. Hay, who was in possession of the premises. The facts are fully stated in the following Circuit decree: The second exception of Hay is, “that the referee erred in finding that the judgment of R. H. Pegues v. W. D. Trantham et al., was not a lieu upon the lands sold at the time of bhe sale under execution, and that the execution sale and the title of J. T. Hay thereunder should not be referred to said judgment; and in finding that…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to foreclose a mortgage on real estate, executed by the defendant, W. D. Trantham, to John R. Falls, on the 25th of September, 1887, and by him assigned to the plaintiff. The facts are fully set out in the decree of the Circuit Judge, which should be incorporated in the report of the case, and we will, therefore, make here only a brief statement of them.
The first lien upon the land was the judgment in favor of Pegues against the defendant, Trantham et al., which was entered on the 7th of June, 1879. The next lien, in…
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