Williams v. Dobson

Citations

• 26 S.C. 110
• 1 S.E. 421
• 1887 S.C. LEXIS 12

Syllabus

<p>1. After condition broken in a chattel mortgage the title vests in the mortgagee, and if the property be seized under execution against the mortgagor and sold, the execution creditor and the constable are liable to the mortgagee in damages for such wrongful act.</p> <p>2. The Circuit Judge properly fixed the damages at the value of the mortgaged property as ascertained by the sale (it being less than the mortgage debt), and properly held that upon payment thereof the lien of the mortgage should be released.</p> <p>3. The mortgagee might have followed the mortgaged property, but he was not bound to do so.</p>