Bleckeley, Brown & Fretwell v. Branyan
Supreme Court of South Carolina
The order appealed from was as follows: The defendant, Branyan, executed several mortgages to plaintiffs to secure debts then due. He afterwards conveyed the mortgaged premises to plaintiffs in satisfaction of his mortgage debt and his notes and mortgages were delivered to him. McGhee held a senior mortgage. Judgments were recovered by the defendants against Branyan after the execution of the mortgages and before the delivery of the title to the land.
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The order appealed from was as follows: The defendant, Branyan, executed several mortgages to plaintiffs to secure debts then due. He afterwards conveyed the mortgaged premises to plaintiffs in satisfaction of his mortgage debt and his notes and mortgages were delivered to him. McGhee held a senior mortgage. Judgments were recovered by the defendants against Branyan after the execution of the mortgages and before the delivery of the title to the land. The sheriff levied on the land and the same was advertised for sale to satisfy the: judgments. The plaintiffs filed their complaint to enjoin…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This being the second appeal in this case, reference may be had to the case as reported in 26 S. C., 424, for a more full statement of the facts than it is deemed necessary to make here. It will be sufficient to say that the action was brought by the plaintiffs against D. S. Branyan, A. T. Armstrong, Sarah J. Martin, as administratrix of Pinckney Martin, deceased, J. M. Sullivan, H. P. McGhee, and J. F. G. DuPre, as sheriff of Abbeville County, mainly for the purpose of enjoining the sale of defendant, Branyan’s, land by the sheriff…
2Cited by4 opinions
- McCraney v. MorrisSupreme Court of South Carolina · 1933
- Salley v. McCoySupreme Court of South Carolina · 1937
- Greenwood Cotton Mill v. PaceSupreme Court of South Carolina · 1934
- McCreary v. CoggeshallSupreme Court of South Carolina · 1906