Bleckeley v. Branyan

Citations

• 26 S.C. 424
• 2 S.E. 319
• 1887 S.C. LEXIS 57

Syllabus

<p>1. A mortgagee who buys the mortgaged estate by private agreement or under legal authority other than a decree of foreclosure, extinguishes the debt and lion.</p> <p>2. A mortgagee inquired as to liens upon the mortgaged property, and being informed by the sheriff that there were no executions in his office, he took a conveyance some throe months afterwards of the legal title from the mortgagor in satisfaction of his mortgage, but subject to the lien of another mortgage which the mortgagor covenanted was the only incumbrance on the land; and the mortgage held by this purchaser was thereupon surrendered to the mortgagor. But between the date of this inquiry and of this conveyance, judgments were obtained against the mortgagor, and executions lodged. Held, that the mort1 gage of the purchaser was satisfied, and that the judgments had liens on the land superior to the title of this purchaser.</p> <p>3. This case distinguished from Agnew v. Railroad Company, 24 S. C., 18.</p> <p>4. Petition for rehearing refused.</p>