CARROLL BYERS CO. v. MANUFACTURING CO

Messrs. Butler Hall, for appellant, cite: Consent to sale by mortgagee waives lien and cannot follow the property into hands of a purchaser: 45 S.C. 512; 38 S.C. 507; 111 S.C. 507. Where one of two innocent persons must suffer loss, it should fall on him by whose conduct the loss was occasioned: 95 S.C. 328; 138 S.C. 354; Pom. Eq. Jur. 2d, Sec. 803. Messrs. Fort Jefferies, for respondent, cite: Mortgagee has right to accept part payment, or to indulge mortgagors, after condition broken without waiver of any rights under mortgage: Sec. 5631, Code. "Custom": 50 S.E., 850; 138 N.E., 456.