46 S.C. 199 | S.C. | 1896
The opinion of the court was delivered by
It seems that the firm of J. & G. A. McAlister, being indebted to several persons living beyond the limits of this State, whose claims were in the hands of the law firm of Dudley & Caston for collection, made a mortgage of all their stock in trade as merchants, on the 24th day of November, 1894, to said Dudley & Caston, as trustees, in which mortgage the debt was fixed at $245, and was made to mature 24th December, 1894, and this mortgage was recorded in the office of the register of mesne conveyance for Marlboro on the day of its execution. There was an inventory of the stock in trade attached to the mortgage. On the 21st day of December, 1894, the defendant, John B. Green, as sheriff, under certain executions issued out of the Court of Common Pleas for Marlboro County to him directed, seized and took into his possession all of the stock of trade of said firm of J. & G. A. McAlister, but on the 26th day of December, 1894, two days after the maturity of the mortgage, Dudley & Gaston, as trustees demanded such property of the sheriff under their mortgage, forbade its sale by the sheriff, and gave him notice that he would be held liable for damages, if he persisted in possession and should make a sale of said stock of goods. On the first Monday (saleday) of January, 1895, the defendant, as sheriff, sold said stock in trade, at the aggregate price of $135.16, and has since continued to hold said money. On the 13th day of February, 1895, the plaintiffs, as trustees, brought this action against the sheriff to recover the said goods and
It is supposed that such failure of proof by plaintiffs went to the disclosure made, that the sheriff had sold the properly at the time — 13th February, 1895 — when the plaintiffs brought their action for claim and delivery. The plaintiffs appeal from the judgment below. The grounds of appeal will be set out in the report of the case.
It is the judgment of this court, that the judgment of the