Moore v. Sanders
Supreme Court of South Carolina
Before McIver, J., Beaufort, November, 1919. Action by Wm. W. Moore against P. S. Sanders and Sam Washington and J. I. Washington, Executors of the Will of Josh Deas, Deceased.
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Before McIver, J., Beaufort, November, 1919. Action by Wm. W. Moore against P. S. Sanders and Sam Washington and J. I. Washington, Executors of the Will of Josh Deas, Deceased. From judgment for plaintiff,' the defendants apppeal. cite: Surety is favorite of the law: 17 S. C. 4. Purpose of sec. 321, Code Proc.: 42 S. C. 127. And its construction: 32 S. C. 171. Liability of sureties does not accrue until final judgment is had: 34 Cyc. 1576. Undertaking of surety to be strictly construed and cannot be enlarged by judicial construction: 34 Cyc. 1579n, 67; secs. 338 and 321. Code Proc. 1912, were…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The respondent sold an automobile to C. H. Singleton. Singleton paid part cash and gave several notes, and a mortgage of real estate and personal property to secure the notes. Some of the notes being unpaid, the mortgagee brought suit to foreclose his mortgage and demanded the immediate possession of two horses covered by the mortgage. The plaintiff gave bond, and the sheriff seized the horses. The defendant gave bond, and the horses were returned to him. He kept them awhile, and then returned them to the sheriff, who, by agreement,…
2Cases cited1 opinion
- Parish v. SmithSupreme Court of South Carolina · 1903
3Cited by5 opinions
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- Turner v. WatkinsSupreme Court of South Carolina · 1922