Phillips v. Anthony

Citations

• 47 S.C. 460
• 25 S.E. 294
• 1896 S.C. LEXIS 140

Syllabus

<p>FORECEOSURB— REEIEF— PRACTICE — DEFENDANT—JUDGMENT.—In a suit for foreclosure of a mortgage on a tract of land, a defendant having a mortgage on that and also on another tract, may have affirmative relief against his codefendant mortgagor by a decree for the sale of the tract not described in the complaint, and a judgment against him for any deficiency, when appropriate allegations therefor are made in such answer, and the same is served on his codefendant mortgagor.</p>