Trenholm v. Wilson

Citations

• 13 S.C. 174
• 1880 S.C. LEXIS 35

Syllabus

<p>1. A tract of land was sold after the death of the mortgagor, under a decree of foreclosure rendered against him during his lifetime; after confirmation of sale, the purchaser demanded possession from the widow of the mortgagor, but she refused to vacate, claiming that the sale was invalid, and that she was entitled to dower. Held, under proceedings by rule, that the'purchaser was entitled to be let into possession. MoIyer, A. J., dissenting.</p> <p>'2. A decree of foreclosure is in the nature of a proceeding in rem, and is capable of being enforced after the death of the mortgagor. Per Willard, O. J.</p> <p>3.. Even if the equity of redemption was not barred under the terms of the decree until actual sale, the only effect would be that parties having the legal title could, in the meantime, redeem. Per Willard, O. J.</p> <p>■4. If the widow was entitled to dower, her possession after forty days was, nevertheless, a trespass. Per Willard, O. J.</p>