Bonham v. Cave
Supreme Court of South Carolina
Before Rice, J., Barnwell, July, 1914. Rule to show cause, issued at instance of Daisy A. Bonham, judgment creditor, against W. L. Case, as purchaser at a judicial sale, to show cause why the sale should not be vacated and set aside, and a resale ordered. The facts are stated in the opinion.
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Before Rice, J., Barnwell, July, 1914. Rule to show cause, issued at instance of Daisy A. Bonham, judgment creditor, against W. L. Case, as purchaser at a judicial sale, to show cause why the sale should not be vacated and set aside, and a resale ordered. The facts are stated in the opinion. From order refusing motion, the plaintiff appeals. cite: 2 McC. 450;. 34 S. C. 330; 69 S. C. 143. The former cites: 83 S. C. 65; 35 S. C. 416; 14 S. C. 153. Policy with regard to judicial sales: 18 S. C. 126; 23 S. C. 502; 16 S. C. 231; 88 S. C. 333; 35 S.’C. 416. Mistake: 88 S. C. 341; Bailey Eq. 13; 69…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The record contains the following “statement” of facts: “On the 6th of February, 1911, the petitioner, Daisy A. Bonham, sold to the defendant, Marcella Cave, a certain tract of land, being her proportionate part of the estate of Aldrich, near Barnwell, containing one hundred (100) acres, more or less, for the sum and price of four thousand ($4,000) dollars, and the said Marcella Cave paid one thousand dollars, cash, and executed and delivered to Mrs. Bonham her certain bond and mortgage, bearing said date, in the sum of thirty-five…
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