Hellams v. Abercrombie

Citations

• 15 S.C. 110
• 1881 S.C. LEXIS 58

Syllabus

<p>There is nothing in the common law or in the statutes of this state, which renders a mortgage, executed on Sunday, void on that account.</p> <p>While a surety may, in equity, compel the principal debtor to pay the-debt and so save him harmless (Norton v. Reid & Sltton, 11 S. G. 593,) yet he cannot recover of the principal until he has himself made payment; but where he holds a mortgage given him by the principal as an indemnity, he may have judgment of foreclosure before any payment by him upon the debt.</p> <p>And in such case, the surety, being liable to the creditor for the payment in full of note and interest, is entitled to foreclose his mortgage for the whole amount of his liability, notwithstanding judgment had been previously obtained by the creditor against the principal debtor for a less sum.</p>