Gordon v. Hazzard

Citations

• 32 S.C. 351
• 11 S.E. 100
• 1890 S.C. LEXIS 63

Syllabus

<p>1. Two bonds maturing at different dates were secured by one mortgage. The mortgagee first assigned to one person the bond last maturing, and then to another person the bond which first matured. Between these assignees (there being no express stipulation upon the subject), there are no priorities, but they are entitled to share pro rafa in the proceeds of the sale of the mortgaged land, if insufficient to pay both bonds in full.</p> <p>2. A matter of credit on one of these bonds not having been passed upon in the Circuit decree, left open for future inquiry.</p> <p>Mr. Justice McIver, dissenting.</p>