Mann v. Poole

Citations

• 48 S.C. 154
• 26 S.E. 229
• 1897 S.C. LEXIS 83

Syllabus

<p>1. Appeae. — A, B, and C serve notice of appeal on codefendants, the same attorneys represent D, the plaintiff. Held, that defendants cannot object to the appeal of A, B, and C on the ground that they did not serve notice of appeal on attorneys of D.</p> <p>2. Res Adjudicata. — The question as to what kind of property the proceeds of real estate sold by the assignee in this case should be, is res adjudicaia.</p> <p>3. Attorney’s Fees — Receiver—Assignee.—The ten per cent, attorney’s fees stipulated in mortgage taken to secure credit portion of purchase money of property sold by assignee should be paid to the attorney foreclosing mortgage, when the receiver subsequently appointed does not object.</p> <p>4. Rents — Judgment—Personae Property. — The rents of realty on which judgment is a lien is personal property.</p> <p>5. An Assignee is entitled to interest on commissions.</p> <p>6. An Assignee is not entitled to commissions on sums not actually collected by him.</p> <p>7. Receiver. — The compensation to be allowed a receiver is not fixed definitely by statute.</p> <p>8. Creditor’s Biee — Creditor.-—-Where a creditor does not come in and prove his claim on the day appointed for that purpose, in an order calling in creditors, and enjoining them from the benefits of the proceeding if they do not so come in, he cannot reap the benefit of the proceeding by coming in after said day.</p>