Henderson v. Trimmier

Citations

• 32 S.C. 269
• 11 S.E. 540
• 1890 S.C. LEXIS 88

Syllabus

<p>1. Judgment was obtained and execution issued in 1880. and levy made on defendant’s land and endoi'sed same year, and renewed in 1887, and land then sold. Held, that the sale was good, the levy having been first made before the active energy of the execution had expired. Gassmoai/ v. Hall (3 Hill, 289), and Toomer v. .Parkey (1 Mill Con. R., 323), recognized and followed, and Sims v. Randall (2 Bay, 524), distinguished from this case.</p> <p>2. There being an unsatisfied judgment senior in date and rank, next a mortgage, and next a junior judgment, a levy, sale, and sheriff’s conveyance were made under the junior judgment. This sale being also referable to the senior judgment, and the purchasers having therefore taken a good title discharged of the mortgage lien, the mortgagee was enjoined from selling under his mortgage.</p>