McCown v. Westbury

Citations

• 52 S.C. 421

Syllabus

<p>1.- Payment — Mortgages.—A payment made by a mortgagor on a mortgage debt, after conveyance of the land to a third party, and then received back by him from mortgagee, must be credited on the mortgage debt at instance of such grantee, even when the original parties intended to revive the lien of the mortgage for the original amount.</p> <p>2. Appeal. — A decree appealed from may be modified by consent in this Court in a particular not before the Court below.</p> <p>3. Payment indorsed on bond and afterward erased,'under the facts of this case, properly disallowed as a credit.</p> <p>4. Rehearing refused.</p>