Gerald v. Gerald
Supreme Court of South Carolina
Before Fraser, J., Kershaw, September, 1888. The appeal in this case involves questions as to the rights of mortgagee, and vendee of mortgagor, of land, growing out of an undertaking given by the latter to stay sale under decree of foreclosure pending an appeal, which was afterwards dismissed. The Circuit decree was as follows : This was an action to foreclose a mortgage given by W. C. Gerald, one of the defendants, to plaintiffs. Witte Bros., a firm composed of Geo.
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Before Fraser, J., Kershaw, September, 1888. The appeal in this case involves questions as to the rights of mortgagee, and vendee of mortgagor, of land, growing out of an undertaking given by the latter to stay sale under decree of foreclosure pending an appeal, which was afterwards dismissed. The Circuit decree was as follows : This was an action to foreclose a mortgage given by W. C. Gerald, one of the defendants, to plaintiffs. Witte Bros., a firm composed of Geo. W. Witte 'and Armin F. Witte, were creditors holding a judgment against defendant, W. C. Gerald, and had become the purchasers…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The plaintiff brought this action to foreclose a mortgage of real estate, executed to her by the defendant, William C. Gerald; and Witte Bros, and others holding judgment liens junior to the mortgage, as well as Geo. W. Witte, who had purchased the mortgaged premises under said judgments and was in possession, were made defendants. The junior lien creditors of William C. Gerald assailed the validity of plaintiff’s mortgage, and upon that issue the case was originally heard and judgment was rendered, sustaining the mortgage, and…
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