Gerald v. Gerald
Supreme Court of South Carolina
Before Aldrich, J., Kershaw, February, 1889. This was an appeal by Cornelius L. Winkler, the purchaser at a foreclosure sale in the case of Gerald v. Gerald, from an order of the Circuit Judge refusing to require the defendant to surrender possession, under a rule to show cause.
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Before Aldrich, J., Kershaw, February, 1889. This was an appeal by Cornelius L. Winkler, the purchaser at a foreclosure sale in the case of Gerald v. Gerald, from an order of the Circuit Judge refusing to require the defendant to surrender possession, under a rule to show cause. The opinion states the case. contended that the question of title was involved, and there being doubt, the matter could not be determined under proceedings by rule to show cause. 19 S. 0., 19; 2 Bail, 020; 2 MoMull., 150; 12 Rich., 499; 17 S. O., 119 ; Code, § 274. There are other grounds upon which the Circuit decree…
1Opinion of the Court
The opinion of the court ivas delivered by
Mr. Justice McIver.
Under proper proceedings for the foreclosure of a mortgage of real estate, the plaintiff obtained a judgment of foreclosure and sale of a certain lot in the town of Camden, South Carolina, and at the sale the appellant became the purchaser, and having complied with the terms of sale, received a deed from the master, and demanded possession from the respondent, George W. Witte, who was in possession under a deed from the sheriff, who had sold the mortgaged premises under an execution to enforce a judgment against the mortgagor,…
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