State ex rel. Wilcox v. Scarborough
Supreme Court of South Carolina
Before BuchanaN, J., Darlington, April, 1899. Petition by P. A. Wilcox for mandamus against G. P. Scarborough, sheriff of Darlington County, requiring him to accept his bid, and execute title thereunder at execution sale. From order issuing writ, respondent appeals. cite: Sheriff’s sale's are for cash, and purchaser must pay at once: 13 Am. Dec., 287; 5 Cal., 66; 2 Gill., 481; 41 Am.
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Before BuchanaN, J., Darlington, April, 1899. Petition by P. A. Wilcox for mandamus against G. P. Scarborough, sheriff of Darlington County, requiring him to accept his bid, and execute title thereunder at execution sale. From order issuing writ, respondent appeals. cite: Sheriff’s sale's are for cash, and purchaser must pay at once: 13 Am. Dec., 287; 5 Cal., 66; 2 Gill., 481; 41 Am. Dec., 441; Speer Eq., 485. Instances where indulgence was given: 16 S. C., 508; 46 S. C., 423. Relator must allege that he has no other remedy, which he has not done: 17 N. Y., 983; 65 N. C., 403; 7 Rich., 307;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is a petition for a writ of mandamus to compel the sheriff to accept the amount for which the petitioner bid off the land herein described, and to execute a deed of conveyance of the said land. The return of the sheriff to the rule to show cause, which was not traversed, sets forth the following statement of facts: “1. That having certain executions in his office, as sheriff of Darlington County, against J. J. Ward and C. S. McCullough, particularly two, the one entitled D. C. Milling, receiver, v. J. C. Willcox, J. J. Ward, and…
2Cited by3 opinions
- Benson v. Paris Mountain Water Co.Supreme Court of South Carolina · 1911
- Smith v. Ashmore, County SupervisorSupreme Court of South Carolina · 1937
- Wilson v. AllSupreme Court of South Carolina · 1910