Henry Sawyer seeks to foreclose upon and sell mortgaged property, including several tracts of land, a sawmill and lumber, three slaves, and livestock. Sawyer served as surety for George V. Sawyer on several debts. In October 1840, George Sawyer mortgaged the property to the petitioner "to secure, indemnify and save harmless your orator" from any loss or liability connected with his suretyship. George Sawyer has never paid any of the debts, and two of his creditors have already won court judgments against Henry for their money. Moses Holston, another creditor, won a judgment against George Sawyer, causing the sheriff to levy and sell two of the mortgaged slaves. The petitioner asserts that he warned people at the sheriff's sale about his claim, but Holston persuaded the sheriff to proceed and bought the slaves himself. In consequence, the petitioner requests that the court foreclose on the mortgage, sell the property, and apply the proceeds to his surety obligations. Specifically, he asks that Holston be ordered to surrender the slaves named Peggy and Billy for sale. Finally, he prays for injunctions against the removal any of the mortgaged property.
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
