Legal Opinion

Trenholm v. Wilson

Supreme Court of South Carolina

Decided March 12, 1880No. CASE No. 826Published

Before Hudson, J., Charleston,-February, 1879. In an action by W. L. Trenholm, executor, against John R. Wilson and others, his judgment and mortgage creditors, to foreclose a mortgage, a decree of foreclosure was rendered and the lands were ordered to be sold. Afterwards John R. Wilson died, and after his death the lands were sold under this decree to F. Schaffer, who complied with the terms of sale and received a deed from the sheriff.

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Before Hudson, J., Charleston,-February, 1879. In an action by W. L. Trenholm, executor, against John R. Wilson and others, his judgment and mortgage creditors, to foreclose a mortgage, a decree of foreclosure was rendered and the lands were ordered to be sold. Afterwards John R. Wilson died, and after his death the lands were sold under this decree to F. Schaffer, who complied with the terms of sale and received a deed from the sheriff. The sale was afterwards confirmed by order of court. Schaffer then demanded possession of the widow of John R. Wilson, but she refused to surrender the…

1Opinion of the Court

The opinion of the court was delivered by

Willard, C. J.

This was an application by a purchaser at a sale under a decree for foreclosure to be let into possession, and was resisted by the tenant in possession.

The mortgagor died after decree of foreclosure, and his widow has retained possession of the mortgaged premises since his death. The widow claims that she is entitled to dower in the premises and that she cannot be ousted until her dower is assigned-. She also objects that there has been no revival of the suit since the decree, and for that reason the sale was invalid and the purchaser not…

2Cases cited2 opinions

  1. Hays v. . ThomaeNew York Court of Appeals · 1874
  2. Harrison v. SimonsNew York Court of Chancery · 1840

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