Crenshaw v. Thackston

Citations

• 14 S.C. 437
• 1881 S.C. LEXIS 10

Syllabus

<p>1. A mortgaged bis land to B, to secure a debt. A afterwards sold a part of. this land to C, who agreed to pay the mortgage debt, and reserved enough of the purchase money for that purpose. C sold to D, who made no promise to pay this debt, but had knowledge of the mortgage and also of the agreement between A and C. B being about to foreclose the mortgage, D paid it ofi¡ taking an assignment, and then assigned it to E. Held, that A was a necessary party to an action brought by E to foreclose this mortgage.</p> <p>2. The land in the possession of T) is primarily liable for the payment of the debt.</p>