38 S.C. 385 | S.C. | 1893
The opinion of the court was delivered by
In an action to foreclose a mortgage of a tract of land situate in Laurens County, in this State, which came on for trial before his honor, Judge Izlar, and, after his decree, in favor of the plaintiff, the defendants appealed to this court, upon the following grounds:
First. Because his honor erred in overruling the defendants’ exceptions to the report of the special referee, which exceptions were as follows: 1. Because the special, referee erred in
Second. Because his honor erred in confirming the special referee’s report, and giving judgment of foreclosure and sale, and thereby sustaining all the foregoing errors.
Lastly, appellants sum up, as it were, by alleging that his .honor erred in confirming the report, and giving judgment, &c., “thereby sustaining all the foregoing errors.” This court has just passed upon the alleged errors seriatim,, and, therefore, overrule this last ground of appeal. It may be as well to remark, in dismissing this appeal, to say that this court, in view of the fact that the rights of minors are here affected, have given these grounds of appeal a fuller consideration than we otherwise might have done.
It is the j udgment of this court, that the judgment of the Circuit Court be affirmed, and that the order heretofore made by this court, pending the appeal, whereby the sale under the judgment appealed from was suspended, is hereby rescinded.