Legal Opinion

Douthit v. Hipp

Supreme Court of South Carolina

Decided July 9, 1885PublishedCited by 1 opinion

Before Pressley, J., Newberry, November, 1884. This was an action of foreclosure brought by S. J. Douthit, master for Greenville County, against David Hipp, and Was commenced in September, 1884. The opinion fully states the case. The Circuit .Judge erred in refusing to make the subsequent encumbrancer a party. 4 S. C., 338; 7 Id., 329; 9 Id., 197 ;• 11 Id., 545; 12 Id., 61; 4 JDeSaus., 330; Bail. Bq., 479; 4 Johns. Oh., 605; Pom.

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Before Pressley, J., Newberry, November, 1884. This was an action of foreclosure brought by S. J. Douthit, master for Greenville County, against David Hipp, and Was commenced in September, 1884. The opinion fully states the case. The Circuit .Judge erred in refusing to make the subsequent encumbrancer a party. 4 S. C., 338; 7 Id., 329; 9 Id., 197 ;• 11 Id., 545; 12 Id., 61; 4 JDeSaus., 330; Bail. Bq., 479; 4 Johns. Oh., 605; Pom. Rem., § 331. Appellant is entitled to abatement for deficiency. 1 DeSaus., 433 ; 13 S. 0., 203, 216. Defendant is not entitled to any abatement. 2 Hill., 657 ; 6…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

The plaintiff,, respondent, as master for Greenville County in 1884, sold a certain tract of land, located in Newberry County, to the defendant, appellant, at public sale. The land was described in the advertisement and sold as land belonging “to the estate of Reuben S. Chick, deceased, and known as the river or Hodge's place, containing nine hundred acres, more or less, and bounded by lands of Mrs. Worthy and Enoree River, ” and it was so conveyed to the defendant by deed without warranty. The bond for purchase money was…

2Cases cited1 opinion

  1. Morris Canal Co. v. EmmettNew York Court of Chancery · 1841

3Cited by1 opinion

  1. Ex Parte: Deloach, Clerk of CourtSupreme Court of South Carolina · 1931

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