Earle v. Groce

Citations

• 37 S.C. 560
• 16 S.E. 428
• 1892 S.C. LEXIS 53

Syllabus

<p>1. Mortgagor—Parties.—There being a first mortgage of land executed by A, B, O, and D, without power of sale, a second mortgage of the same land by the same parties with power of sale, and then a third mortgage of the same land by A, B, and 0 to plaintiff, the second mortgagee sold under his power, and plaintiff brought her action against A, B, and 0, and this second mortgagee, to recover so much of the proceeds of this sale as remained after satisfying the second mortgage. Held by this court, without considering the points'raised by the appeal, that no adjudication should be made on the merits until D was made a party, and it was so ordered.</p>