Murphy v. Valk

Citations

• 30 S.C. 262
• 9 S.E. 101
• 1889 S.C. LEXIS 96

Syllabus

<p>1. In a proceeding to foreclose a mechanic’s lien, where there is no suggestion that there are other lions outstanding, and no motion by either party for inquiry on this point, an order of reference to the master to inquire and report is unnecessary ; and being made, it is not a legal ground of objection that the master based his report upon an ex parte official certificate.</p> <p>2. The registry act (Gen. Stat., $$ 1776, 1777), when construed in connection with the mechanic’s lien act (Gen. Stat., § 2354), does not require a mechanic’s lien to be proved by a subscribing witness ; and if it did, the mechanic’s lien law being of later date than the other, repeals so much of the registry law as requires probate of a mechanic’s lien.</p> <p>Mr. Justice McIver, dissenting.</p>