Court of Appeals of South Carolina, 1843

Gadsden v. Brown

Gadsden v. Brown
Court of Appeals of South Carolina · Decided May 15, 1843 · Curia, Dunkin, Harper, Johnston
17 S.C. Eq. 37

Gadsden v. Brown

Opinion of the Court

Curia, per Dunkin, Ch.

This Court concur in the views of the Chancellor. So soon as Burbage and Pinck-ney éxécüted the release, an absolute title at law vested in the complainants, Brown & Wellsman. The defendant attempts to set up an e'quity, paramount to this title; on the ground of his payment to the former mortgagees. But there was no agreement that he should be subrogated to their rights as mortgagees; there was no assignment — -on the contrary, the defendant took other securities for his advancements. The authorities cited in the decree are conclusive that; under such circumstances, there is no right of subrogation, and no equity to take precedence of a subsisting mortgage-. The appeal is dismissed:

Harper, Ch., concurred. •Johnston, Ch., absent at the argument.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.