Moore v. Trimmier

Citations

• 40 S.C. 64
• 18 S.E. 245
• 1893 S.C. LEXIS 13

Syllabus

<p>1. Oases Criticised. — The decision of this court in the case of Moore v. Trimmier, 32 S. 0., 511, declared and affirmed.</p> <p>2. Inverse Order op Sales — Estoppel.—Plaintiff cannot claim damages for the release of the lien of a judgment upon land which had been declared by this court to be bound by this lien, plaintiff’s land being also bound, under an order of this court permitting such issue to be raised by him, where, subsequent to such permissive order, the plaintiff consented to a decree of the Circuit Court, declaring that such other’s land had been released by the judgment creditor before appeal taken, but that this decree was not to affect or disturb the rights of any of the other parties to this action, as heretofore determined.</p> <p>3. Ibid. — Suggestions as to the equity of successive purchasers and mortgagees to have a prior judgment enforced in the inverse order of sales and encumbrances, where there were partial agreements between some of the parties and indemnity taken by one of them.</p>