Steen v. Mark

Citations

• 32 S.C. 286
• 11 S.E. 93
• 1890 S.C. LEXIS 59

Syllabus

<p>1. M took an absoluto deed to lands of S, to secure a debt, and afterwards conveyed to A, who had notice of the facts, and who went into possession. S then brought action against M and A to redeem, and asked for an accounting, and there was slight testimony as to the rental value, but no adjudication as to the rents and profits. S was permitted to redeem within a stated time, upon payment of the balance ascertained to be duo by him, failing which the land was sold and purchased by a stranger. Afterwai-ds S brought this -action against A alone to recover damages for the trespass committed by A in taking and holding possession. Held, that the rents of the property while in As possession being a proper credit on the mortgage debt, that matter was necessarily involved in the former adjudication.</p> <p>2. S not having the legal title, could not maintain an action of trespass at law against A, who was in possession under the legal title.</p>