¶1This 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:
17 S.C. Eq. 37
Gadsden v. Brown
Court of Appeals of South Carolina
Decided May 15, 1843
Court of Appeals of South Carolina · decided 1843-05-15
The cause was heard before Chancellor Johnson, at Charleston, February Term, 1843. By a decree of his Honor Chancellor Johnston, in July, 1842, this case was referred to the id aster, Mr. Gray, from whose report the facts and the objects of the bill of complainants will be fully understood.
Decided 1843-05-15