Eason v. Miller & Kelly

Citations

• 15 S.C. 194
• 1881 S.C. LEXIS 69

Syllabus

<p>Defendants purchased at a foreclosure sale a foundry, in which, were certain-patterns which the mortgagor claimed, and brought action to recover, alleging and proving their value to be $5000. Defendants claimed that they were embraced in the mortgage and in the foreclosure sale. The trial judge charged the jury that defendants were the purchasers of only such “patterns” as were on the premises at the date of the mortgage.. The verdict was: “W,e find for plaintiff patterns the value of $100.” Plaintiff entered up judgment and issued execution for the patterns which were on the premises on the day of sale, or $100 damages. Held, that the judgment should be vacated as 'not being in conformity with the verdict MoIvbR, A. J., disse/nting.</p>