Kerngood v. Davis

Citations

• 21 S.C. 183
• 1884 S.C. LEXIS 85

Syllabus

<p>1. A testator, C., left property in trust for bis daughter for life, with remainder to the heirs of her body, share and share alike. II., a son of this daughter, received from his father and mother, after his marriage, a large estate in lands and negroes (the latter being part of the O. estate), for the value of which he promised to account on the death of his parents, or either of them, if necessary, for purposes of equalization with his brothers and sisters. H. died, and then his mother, and judgments were obtained against the executrix of Ii. By a consent decree in a cause to which ll.’s widow and children, his brothers and sisters, and these judgment creditors were parties, a plantation of H. was vested in his children, in satisfaction of their interest in the C. estate, and discharged from the lien of the j udgments, and the said brothers and sisters were ordered to pay these judgments, which were thereupon marked satisfied as against II.’s estate. But this decree was not enrolled, nor was execution sent to the county in -which was a plantation of the C. estate until many years afterwards, and meantime these brothers and sisters had mortgaged their interest in such plantation. Held, that this decree did not create a lien upon the interests of the brothers and sisters in the C. lands, until lodged in the county where the lands were, and this lien was therefore postponed to the lien of the intermediate mortgages.</p> <p>2. But the evident scheme of the decree being an arrangement by which these parties took the interest of their brother’s children in the C. lands and were to pay the judgments, the judgments not being paid were entitled to hold a lien upon such children’s interest in said lands from the date of the decree.</p> <p>3. The mortgagees were chargeable with notice that the interest of these infant co-tenants was not expressly transferred to the others, and that these others, the mortgagors, were directed to pay said judgments.</p> <p>4. These childre