McLEAN v. CROUCH

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Docket Number

8955

Attorney(S)

Mr. Lambert W. Jones, for appellant, submits: Defendant could attack mortgage introduced by plaintiff: Code Civil Proc. 203; 63 S.C. 406; and under general denial attack title claimed by Viola McLean and B.W. Crouch: 73 S.C. 103. All parties being in a Court of equity, it should determine their rights: 83 S.C. 176. Answer of Bank of Prosperity in case of Bank of Columbia v. Havird Co. et al., never having been served on this defendant, her right to attack its mortgage was not concluded in that action: 95 S.C. 343. Judicial sale void for gross inadequacy of consideration: 21 A. E. Enc. of L. 1174; 83 S.C. 176, distinguished. Sale should not be ordered where land can be partitioned: Civil code 1912, sec. 3525. Messrs. Hunt, Hunt Hunter, for respondents: Exceptions to ruling not affecting appellant's rights will not be considered: 42 S.C. 330. Reply of Bettie Havird to answer properly stricken out as irrelevant: 18 S.C. 479. Issues attempted to be raised were res judicata: 73 S.C. 29; 17 S.C. 40. Title of purchaser at judicial sale cannot be attacked for mere inadequacy of bid: 35 S.C. 416; 69 S.C. 154; 83 S.C. 174. Sale of contingent interest under foreclosure of mortgage by remainderman: 54 S.C. 413; 83 S.C. 479; 2 Story Eq. Juris., sec. 1021; 2 Hill Ch. 235; 12 Rich. Eq. 343; 24 S.C. 321; 26 S.C. 471. Purchaser's title at a judicial sale, voidable only, not affected by subsequent reversal or vacation of judgment: 19 S.C. 558.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

8955

Attorney(S)

Mr. Lambert W. Jones, for appellant, submits: Defendant could attack mortgage introduced by plaintiff: Code Civil Proc. 203; 63 S.C. 406; and under general denial attack title claimed by Viola McLean and B.W. Crouch: 73 S.C. 103. All parties being in a Court of equity, it should determine their rights: 83 S.C. 176. Answer of Bank of Prosperity in case of Bank of Columbia v. Havird Co. et al., never having been served on this defendant, her right to attack its mortgage was not concluded in that action: 95 S.C. 343. Judicial sale void for gross inadequacy of consideration: 21 A. E. Enc. of L. 1174; 83 S.C. 176, distinguished. Sale should not be ordered where land can be partitioned: Civil code 1912, sec. 3525. Messrs. Hunt, Hunt Hunter, for respondents: Exceptions to ruling not affecting appellant's rights will not be considered: 42 S.C. 330. Reply of Bettie Havird to answer properly stricken out as irrelevant: 18 S.C. 479. Issues attempted to be raised were res judicata: 73 S.C. 29; 17 S.C. 40. Title of purchaser at judicial sale cannot be attacked for mere inadequacy of bid: 35 S.C. 416; 69 S.C. 154; 83 S.C. 174. Sale of contingent interest under foreclosure of mortgage by remainderman: 54 S.C. 413; 83 S.C. 479; 2 Story Eq. Juris., sec. 1021; 2 Hill Ch. 235; 12 Rich. Eq. 343; 24 S.C. 321; 26 S.C. 471. Purchaser's title at a judicial sale, voidable only, not affected by subsequent reversal or vacation of judgment: 19 S.C. 558.

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Smart Summary

McLEAN v. CROUCH ET AL.

September 29, 1914. The opinion of the Court was delivered by

MR. CHIEF JUSTICE GARY.

His Honor, the Circuit Judge, confirmed the report of the master for the reasons therein stated, which are satisfactory to this Court.

Judgment affirmed.

MESSRS. JUSTICES HYDRICK, FRASER and GAGE concur in the opinion of the Court.

MR. JUSTICE WATTS dissents.

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