Trimmier v. Winsmith

Citations

• 23 S.C. 449
• 1885 S.C. LEXIS 121

Syllabus

<p>1. It is not a commendable practice for a cleric of court to talce a confession of judgment in his own favor, but the debtor who makes such a confession cannot afterwards object to it on the ground that the clerk was a party in interest.</p> <p>2. The high interest called for by some of the notes for which the confession was given, and the hard and exacting contract that was the consideration of another, cannot be interposed as objections to a renewal of the execution.</p> <p>3. Lands being offered for sale under a senior execution, the debtor, judgment creditors, and mortgagees (the mortgage being an intermediate lien) agreed that the proceeds of the sale should be applied to these liens in the order of their date, and it was so announced at the sale; such application was consented to, all parties being present, and an order was obtained from the Circuit Judge at chambers so directing. Held, that the sheriff properly applied the proceeds of sale, after paying the senior execution, to the mortgage, and the balance being thereby rendered insufficient to satisfy the junior executions, that they were unsatisfied.</p> <p>4. A renewal execution should issue for the balance due upon the original, with interest from the date of the last credit on the principal debt.</p>