Walker & Trenholm v. Kee

16 S.C. 76 (1881)

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Nature of the Case

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Facts

Stevens agreed to sell land to Kee for $9,025. For payment, Kee conveyed a house valued at $1,500 and gave four promissory notes maturing from 1877-1879. The contract provided that Kee would get a warranty deed when the notes were paid but if not the contract would become void and Stevens would be entitled to peaceable possession of the lands with a forfeiture on Kee’s prior payments. The second and third notes were transferred to Walker & Trenholm, and the fourth note was transferred to the bank. In 1878, Stevens made an assignment for the benefit of creditors in which they included the lands that were subject to this contract. Walker & Trenholm (P) then sued Kee (D) on the notes transferred to them. The assignees were parties to the suit, and they disputed P’s title to the notes. P got the verdict, and it was affirmed. D was insolvent, and Ps and the bank then took this present action to compel specific performance of the land agreement. D did not dispute the case but only asked to whom he should make payment. Ps got the verdict again, and the land was ordered to be sold. D then acknowledged his obligation to pay rent and deposited with the clerk of the court the rent monies due. The judge then directed the clerk to hold the monies subject to future order of the court. D then appealed.