Lee v. Buck & Co.

Citations

• 13 S.C. 178
• 1880 S.C. LEXIS 36

Syllabus

<p>1. Where two causes affecting, in part, the same property, were heard together, but not consolidated, the failure to appeal from the judgment in one case is no ground for a dismissal of an appeal in the other.</p> <p>2. Certain personal property, including a mule, Kit, was mortgaged to A, and the same property was subsequently mortgaged to B, except Kit, which had been, meantime, sold by the mortgagor to C. Upon default, A and B, in concert, seized the property, including Kit, and sold it for more than enough to satisfy A's mortgage, and A paid the balance to B. Held, that A was liable to account to C out of such balance for the value of Kit.</p>