Hurst, Purnell & Co. v. Latimer

Citations

• 46 S.C. 114
• 24 S.E. 170
• 1896 S.C. LEXIS 51

Syllabus

<p>1. Practice — Role.—A rule against the sheriff, with leave that others whose rights are to be affected shall be fully heard, is a recognized mode of determining the question of the priority of judgment liens.</p> <p>'2. Proceeds op Sale — Judgments—Rule—Federal Courts. — A sheriff selling lands, under a State execution in his office, must apply the proceeds to a senior judgment obtained in the federal court, which is at the time of sale a lien upon the land, if the sheriff has notice thereof before the proceeds of sale are paid out; and such judgment creditor in the federal court may have a rule against the sheriff out of the State court requiring him to so apply it.</p> <p>3. Mortgage — Judgment.—A mortgage of a homestead to secure a judgment does not divest the general judgment lien.</p> <p>4. Ibid. — Ibid.—If mortgage premises are sold under execution and bought by mortgagee, and if the mortgage is thereby legally satisfied, the antecedent lien of the judgment would still take the proceeds of sale.</p>