Walker v. Covar
Supreme Court of South Carolina
Before JOHNSON, Ch., at Edgefield, June, 1868. Oil tlie 1st January, 1857, the defendant, Lewis Covar, gave to George A. Addison a mortgage of a lot in Edgefield village and some slaves, to secure the payment of three promissory notes for $1,000 each, payable in one, two and three years, with interest. There were on the lot a hotel, some stables, and three law offices.
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Before JOHNSON, Ch., at Edgefield, June, 1868. Oil tlie 1st January, 1857, the defendant, Lewis Covar, gave to George A. Addison a mortgage of a lot in Edgefield village and some slaves, to secure the payment of three promissory notes for $1,000 each, payable in one, two and three years, with interest. There were on the lot a hotel, some stables, and three law offices. The mortgage was recorded the next day, and, on the 13th June, of the same year, it was assigned by Addison to the plaintiff. Some time in 1857, Covar sold the law offices to George W. Landrum, deceased; and, about the same…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
The principles which govern the relative rights of creditors, claiming under mortgages and judgments against the same debtor, have been so fully adjudicated by the Courts of this State, and are so well understood, that no reference is necessary to the particular cases which have established them.
This cause does not directly involve the necessity of deciding as to the priority which attached on the several claims against the property of the defendant, Lewis Covar. The only question made is as to the satisfaction of the plaintiiFs mortgage,…
2Cases cited3 opinions
- Evertson v. BoothNew York Supreme Court · 1822
- Hemphill v. CarpenterSupreme Court of Pennsylvania · 1837
- Power v. HollmanSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Exchange Bank of Kingstree v. South Carolina National Bank (In Re Dig It, Inc.)United States Bankruptcy Court, D. South Carolina · 1991