DeSaussure v. Bollmann
Supreme Court of South Carolina
This was an action by Wilmot G. DeSaussure, Julius Trouche, Florence T. Downey and Lawrence A. Duval, as executors of the last will and testament of Etienne Poincignon, deceased, Clarence A. Trouche and Gustavus Follin, against Behrend Bollmann for specific peformance of a contract for the sale of a lot of land.
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This was an action by Wilmot G. DeSaussure, Julius Trouche, Florence T. Downey and Lawrence A. Duval, as executors of the last will and testament of Etienne Poincignon, deceased, Clarence A. Trouche and Gustavus Follin, against Behrend Bollmann for specific peformance of a contract for the sale of a lot of land. The case was as follows: On the 18th of March, 1875, the plaintiffs made a contract with the defendant for the sale to him of the lot in question at the price of $1,800, and on the same day they tendered to him a deed of conveyance of the lot executed by themselves. An abstract of the…
1Opinion of the Court
The opinion of the'Court was delivered by
Moses, C. J.
It is not to be doubted that a mortgage of real estate executed for the security of the purchase money creates a lien against which no subsequent encumbrance affecting the mortgage could prevail. While it has been held in this State that the equity of redemption is such an estate in the mortgagor as may be subject to sale under a judgment against him, thereby vesting it in the purchaser, still the mortgage will take priority over judgments against the mortgagor, both antecedent and subsequent, and will be first entitled to satisfaction out…
2Cited by4 opinions
- Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1910
- Ex Parte JohnsonSupreme Court of South Carolina · 1928
- Ex Parte JohnsonSupreme Court of South Carolina · 1928
- Ex Parte: Deloach, Clerk of CourtSupreme Court of South Carolina · 1931