Calder v. Maxwell
Supreme Court of South Carolina
Before Rice, J., Florence, April, 1913. Nonsuit in action by R. A. B. Calder against P. J. Maxwell. Plaintiff appeals. The facts are stated in the opinion. submit: The rule of caveat cmptor applies: 27 Cyc. 1723; 2 McC. 382; 2 Bay 169, 170; Const. Rep. 143; 2 Hill-297; 2 Bail. 418; 2 Brev. 45; 26 S. C. 41. Resale: 8 S. C. 1; 17 Cyc. 1259, 1260; Civil Code 3706; 2 Bfev. 180; 2 Bailey 291; 3 Hill 178.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The plaintiff was defendant in an action to foreclose a mortgage of land; a decree for sale was made, but no pro: vision was made in it for a resale in the event of a failure of the purchaser to comply with his bid; the sale was had, and the defendant here was the highest bidder, and the land was knocked down to him; the defendant here neglected to comply; the sheriff (who was named in the decree as the organ of the Court to sell), without any report of the default to the Court and without any new directions to do so, proceeded in a…
2Cases cited1 opinion
- Virginia-Carolina Chemical Co. v. McLucasSupreme Court of South Carolina · 1910
3Cited by8 opinions
- Ex Parte KellerSupreme Court of South Carolina · 1937
- Peoples Nat. Bank of Greenville v. HudsonSupreme Court of South Carolina · 1936
- Federal National Mortgage Ass'n v. BrooksCourt of Appeals of South Carolina · 1991
- FEDERAL NAT'L. MTG. ASSN. v. BrooksCourt of Appeals of South Carolina · 1991
- Norwood v. WatsonCourt of Appeals for the Fourth Circuit · 1917
3 more not listed; retrieve them via the Exa API.