Christensen v. Griffin
Supreme Court of South Carolina
Before Peurieoy, J., Beaufort, Mortgage foreclosure proceedings by N. Christensen and F. H. Christensen, trading as N. Christensen & Sons, against Oliver Griffin.
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Before Peurieoy, J., Beaufort, Mortgage foreclosure proceedings by N. Christensen and F. H. Christensen, trading as N. Christensen & Sons, against Oliver Griffin. Judgment for plaintiffs, and' defendant appeals. cite: As to form of judgment: 1 Black Jdmts. 8. Caveat emptor: 2 Bail. 413; 89 U. S- 634. cites: As to lien on homestead: Const., art. Ill, sec. 28; Civil Code, sec. 3718; 52 S. C. 222; 33 S. C. 230. Writ of assistance: 2 R. C. L. 739; 31 S. C. 181; 64 S. C. 420; Code Civ. Proc., sec. 343.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This action was commenced to foreclose a mortgage. The mortgage was given to secure a debt contracted in erecting improvements upon a homestead and the execution for deficiency, after a- sale of the mortgaged premises, had indorsed on it the certificate that the debt was for improvements on the homestead.
The judgment of foreclosure was taken by default. This judgment did not contain any specific sum for which judgment was given. The judgment directs the clerk to sell the land and—
“Pay to the plaintiffs, N. Christensen & Sons, or…
2Cited by1 opinion
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