Reese v. Lyon

Citations

• 20 S.C. 17
• 1883 S.C. LEXIS 122

Syllabus

<p>1. After default, the mortgagees of a chattel seized it; on the next day they refused to surrender possession to the mortgagor upon demand made and a tender by him of the debt and costs, unless they were also paid an unsecured claim held by them against him. Subsequently, they sold the chattel; and, afterwards, this action was instituted by the mortgagor against the mortgagees to recover the possession and for damages. Held, that the action could not be sustained as an action for claim and delivery, as the plaintiff had no title nor right to possession after seizure on condition broken.</p> <p>2. Nor as an action to redeem, because not commenced until after seizure and sale.</p> <p>3. Nor as one for damages, no wrongful act having been committed.</p> <p>4. The only right of the mortgagor was to require an account from the mortgagees of the proceeds of sale, and in such action the mortgagees would be entitled to credit for the mortgage debt and expenses, and also for any unsecured claim held by them against the mortgagor.</p>