Rutledge v. Fishburne
Supreme Court of South Carolina
Proceeding in re B. H. Rutledge, trustee, vs. S. H. M. Fishburne, to require F. Heinz to comply with his bid for property sold in this case.
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Proceeding in re B. H. Rutledge, trustee, vs. S. H. M. Fishburne, to require F. Heinz to comply with his bid for property sold in this case. From Circuit order, purchaser, Heinz, appeals. cites; As to the bar by deed of life tenant: 10 S. C., 376; Rice, 459; 40 S. C., 472; 17 Stat., 430. Possible children of Mrs. Fishburne are executory devisees: 20 Fncy., 886, 962, 921, 922'; Feame on Rem., 118; 16 S. C., 325; Tiedeman oñ Real P., sec. 537. Nothing in merger of life estate to defeat possible children of remaindermen: 15 Ency., 313; 20 Ency., 588; 28 S. C., 198; 16 S- C., 330. 'Purchaser may…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The following facts are stated in the record: “Appeal in this case is from an order and decree of his Honor, Judge Benet, holding to be good and valid the title to certain premises in the city of Charleston, bid in by the purchaser, E. Heinz, at master’s sale, under foreclosure in above case, and requiring the purchaser to comply with his bid. The original action was for foreclosure of a mortgage from defendant, Mrs. S. H. M. Fishburne, to the plaintiff, trustee, commenced in the county of Charleston, by the service of a summons, the…
2Cited by26 opinions
- Cagle v. SchaeferSupreme Court of South Carolina · 1920
- Bibb v. BibbSupreme Court of Alabama · 1920
- American Security & Trust Co. v. SullivanDistrict Court, District of Columbia · 1947
- Brantley v. BittleSupreme Court of South Carolina · 1905
- Pearson v. EasterlingSupreme Court of South Carolina · 1916
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