Bleckeley, Brown & Fretwell v. Branyan

Citations

• 28 S.C. 445
• 6 S.E. 291
• 1888 S.C. LEXIS 70

Syllabus

<p>1. At the hearing of a former appeal in this case (BlecJcelei/ v. Branyan, 26 S. G., 424), it was held that the mortgage debt and lien of plaintiffs had been extinguished by their purchase from defendant of the mortgaged land; and that decision, therefore, operated as a dismissal of the complaint, which sought to enjoin the enforcement of judgments entered up after the mortgage, but before the purchase.</p> <p>2. Where the complaint has been dismissed, it is improper to allow an amendment making a new cause of action.</p> <p>3. The owners of land will not be affected by a sale under judgments that are nullities; but after decree adjudging such judgments to have a lien, it cannot afterwards be asserted that they are nullities upon a ground which could have been, but was not, urged at the first trial.</p> <p>4. A mortgagee who purchases the equity of redemption without due inquiry as to intermediate liens cannot complain of the well settled rule of law that extinguishes the mortgage lien in such case and leaves the land subject to the judgment liens. Even if such a rule be harsh, it is not the province of the courts to change the law.</p>