McLEAN v. CROUCH

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.