Smith v. Smith
Supreme Court of South Carolina
Before DeVorE, J., Action by Perry G. Smith, as administrator; and in his own right, against Owens H. Smith and others, to sell lands to pay debts. From a decree ordering the sale, defendant, Sophia A. Stack, appeals.
Read the full summary
Before DeVorE, J., Action by Perry G. Smith, as administrator; and in his own right, against Owens H. Smith and others, to sell lands to pay debts. From a decree ordering the sale, defendant, Sophia A. Stack, appeals. The facts are thus stated in the decree of his Honor, the Circuit Judge: “This was an action by Perry G. Smith, administrator of Ann E. Murrell, and in his own right, against the defendants, as her heirs at law; the obj ect being, among other things, to obtain the sale of certain real estate owned by the intestate for the payment of her debts, and for the partition and…
1Opinion of the Court
The opinion o-f the Court, after reciting the above stated facts, was delivered by
Mr. Chief Justice Gary.
The practical question is whether there was error in the resale of the property after it was bid by Mr. A. J. Hydrick, Jr., as attorney for Mrs. Sophia A. Stack.
In Chemical Co. v. McLucas, 87 S. C. 350, 69 S. E. 670, the Court says: “The principle is well settled in this State that a purchaser of land, under a decree rendered by the Court, in the exercise of its chancery jurisdiction, is entitled to a reasonable time, after bidding off the property, to- ascertain whether the title is…
2Cases cited2 opinions
- Fuller v. MissroonSupreme Court of South Carolina · 1892
- Virginia-Carolina Chemical Co. v. McLucasSupreme Court of South Carolina · 1910
3Cited by5 opinions
- Ex Parte FloydSupreme Court of South Carolina · 1928
- Ex Parte Patterson, Blatt v. BlountSupreme Court of South Carolina · 1922
- Raleigh & C. R. Co. v. Baltimore Nat. BankDistrict Court, D. South Carolina · 1941
- Blatt v. BlountSupreme Court of South Carolina · 1922
- Prudential Insurance Co. of America v. CarmonSupreme Court of South Carolina · 1928