Wall v. McMillan

Citations

• 44 S.C. 402
• 22 S.E. 424
• 1895 S.C. LEXIS 91

Syllabus

<p>1. Parties — Appeal—Amendments.—It appearing to this court, on the hearing of an appeal, that the heirs and devisees of the deceased mortgagor were not parties to the action, which was an action of foreclosure, the appeal was suspended, and the case remanded to the Circuit Court for the purpose of having them made parties.</p> <p>2. Foreclosure — Payment to Beneficiaries. — Iu action by a sheriff to foreclose a mortgage given to him officially by the purchaser at a judicial sale, it is no defence to the mortgagor that he has made payments to some of the parties who are interested in the proceeds of such sale; but judgment of foreclosure being rendered, its enforcement may be stayed until the rights of the distributees are ascertained, the mortgagor being entitled to credit on his mortgage for the shares of the distributees purchased by him.</p>