McMichael v. McMichael
Supreme Court of South Carolina
Before Watts, J., Orangeburg, October, 1897. Rule to require Joseph B. Tray wick to complete his purchase of a tract of land bid off by him at partition sale in McMichael v. McMichael.
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Before Watts, J., Orangeburg, October, 1897. Rule to require Joseph B. Tray wick to complete his purchase of a tract of land bid off by him at partition sale in McMichael v. McMichael. From judgment of Circuit Court requiring him to complete his purchase, Traywick appeals. cite: Caveat emptor does not apply to partition sales: 9 S. C., 287. Specific performance only directed when title reasonaly clear and marketable: 3<5 S. C., 314; 37 S. C., 309; 1 DeS., 382. In the absence of the word heirs in a deed, the grantee takes only a life estate: 13 Pa., 344; 14 Mo., 177; 7 Vroom., 432; 1 Id., 505;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant, Joseph B. Tray-wick, became a purchaser of a tract of land in Orangeburg County, sold for partition in the above entitled case, and he having refused to' comply with his bid, a rule was issued requiring him to show cause why he should not be compelled to complete his purchase. In his return, he alleged *557that he could not get a good title in fee to the premises sold, as reason for his refusal to comply. Judge Watts decreed that the purchaser’s title under said sale was reasonably clear and marketable, and ordered him to…
2Cited by23 opinions
- Windham v. HowellSupreme Court of South Carolina · 1907
- Clark v. NevesSupreme Court of South Carolina · 1907
- Hunt v. South Carolina Forestry CommissionCourt of Appeals of South Carolina · 2004
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Sullivan v. MooreSupreme Court of South Carolina · 1910
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