Ex parte Lorenz

Citations

• 32 S.C. 365
• 11 S.E. 206
• 1890 S.C. LEXIS 66

Syllabus

<p>1. Chattels in possession of the mortgagor, after condition of the mortgage is broken, are not subject to levy and salo under executions against the mortgagor obtained subsequent to the mortgage; and where these chattels were levied under such executions and seized under the mortgage by the sheriff as agent of the mortgagee, and then sold for more than enough to pay the mortgage, the judgment creditors cannot require the sheriff by rule to pay the surplus to them.</p> <p>2. Is an endorsement on the judgment for the purchase money necessary to a levy upon personal property, otherwise exempt from levy and sale, as it has been held to be in case of real property ?</p>