Anderson v. Pilgram

Citations

• 30 S.C. 499
• 4 L.R.A. 205
• 9 S.E. 587
• 1889 S.C. LEXIS 128

Syllabus

<p>1. A mortgagee cannot maintain an action at law on his debt, while, at the same time, he is prosecuting an action in chancery for foreclosure of his mortgage and for judgment for deficiency.</p> <p>2. Several notes, maturing at different dates, being secured by one mortgage, an action of foreclosure was commenced when only one of these notes was past due. That action was based only on the default in the one note that had then matured, and therefore an action might be maintained on another of these notes, after its maturity, on the law side of the court, notwithstanding the former action was still pending.</p>