Norman v. Norman

Citations

• 26 S.C. 41
• 11 S.E. 1096
• 1886 S.C. LEXIS 182

Syllabus

<p>1. A party mortgaged all his land in one county, and subsequently judgments were entered against him, after which a lot of land in another county was purchased and deed taken by his wife, who mortgaged this lot as additional security for the same mortgage debt. Held, that neither the judgment creditors, nor the purchaser under these judgments, had the right to require the mortgage creditor to proceed first against this lot of land in another county for the benefit of their judgment liens.</p> <p>2. A purchaser at sheriff's sale buys the land subject to the lien of a mortgage older than the judgments under which the sheriff sold.</p> <p>3. A purchaser, mistakenly believing that a judgment, under which he purchased at sheriff’s sale, was older than a mortgage lien, cannot, therefore, be relieved of his bid upon the ground of mistake of fact— the mortgage being of record. Nor can he be relieved upon the ground of mistake of law.</p> <p>4. But the purchaser having bid the full unencumbered value of the property, has an equity, that the surplus proceeds of the sale, after satisfying all the judgments, should be applied to the mortgage debt. Mr. Chief Justice Simpson dissenting.</p>