Dudley & Caston v. Green

Citations

• 46 S.C. 199
• 24 S.E. 186
• 1896 S.C. LEXIS 55

Syllabus

<p>1. Nonsuit — Claim and Delivery — Chattel Mortgage. — It is error to grant a nonsuit in an action for claim and delivery by a mortgagee of a stock of goods against a sheriff, who levied on them under executions a few days before mortgage was due, when demand was made after mortgage became due, but before sale, even though the sheriff had sold the goods when the action was commenced.</p> <p>2. Sale — Claim and Delivery — Chattel Mortgage. — A sale of mortgaged goods by a sheriff under execution, after demand made and mortgage due, cannot defeat the right of action, already complete in the mortgagee, for the possession thereof, or judgment for their value.</p>