Swygert v. Goodwin

Citations

• 32 S.C. 146
• 10 S.E. 933

Syllabus

<p>1. The summary mode provided by statute (Gen. Stat., I 1819), for ejecting tenants by warrant of a trial justice, is not unconstitutional, does not violate the right to trial by jury, is not beyond the jurisdiction of a trial justice, and does not involve any question of title to real property.</p> <p>2. A mortgagee sold the mortgaged land under a power in her mortgage, and became the purchaser at such sale, and thereupon the mortgagor, under an express stipulation in the mortgage deed, became the tenant of such purchaser at a specified rental, the lease to terminate on nonpayment of one month’s rent. The rent not being paid, the purchaser, as landlord, instituted proceedings before a trial justice to obtain possession. Held, that, under this proceeding, it was not relevant to go into an accounting of the debt for which the mortgage was given.</p>