Virginia-Carolina Chemical Co. v. McLucas
Supreme Court of South Carolina
Before Watts, J., Marion, November, 1909. Rule to show cause by Virginia-Carolina Chemical Co. against J. D. McLucas, Master, W. J. Montgomery and James H. Manning in re G. A. Norwood against Cash Ellerbe, Virginia-Carolina Chemical Co. et al. From order discharging note, petitioner appeals. cite: Master must follow terms of sale: 18 S. C. 500; Spear. Eq. 481; 9 Rich.
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Before Watts, J., Marion, November, 1909. Rule to show cause by Virginia-Carolina Chemical Co. against J. D. McLucas, Master, W. J. Montgomery and James H. Manning in re G. A. Norwood against Cash Ellerbe, Virginia-Carolina Chemical Co. et al. From order discharging note, petitioner appeals. cite: Master must follow terms of sale: 18 S. C. 500; Spear. Eq. 481; 9 Rich. Eq. 392. Time to, investigate title was too long: 18 S. C. 495. Interest on bid: 15 S. C. 612; 10 Rich. 60; 12 S. C. 600; 24 Cyc. 54; 17 Ency. 987. Assignment of bid does not discharge purchaser: 24 Cyc. 31; 7 S. C. 486. cites:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary,
after stating the facts. The first question that will be considered is, whether W. J. Montgomery was liable for interest on his bid.
The principle is well settled in this State, that a purchaser of land, under a decree rendered by the Court, in the exercise of its chancery jurisdiction, is entitled to a reasonable time, after bidding off the property, to ascertain whether the title is defective.
The rule is thus stated in Bank v. Bramlett, 58 S. C. 477, 36 S. E. 912:
“In Mitchell v. Pinckney, 13 S. C. 212, it was stated: ‘Reasonable time…
2Cases cited1 opinion
- Peoples Bank v. BramlettSupreme Court of South Carolina · 1900
3Cited by6 opinions
- Calder v. MaxwellSupreme Court of South Carolina · 1914
- Smith v. SmithSupreme Court of South Carolina · 1914
- Ex Parte Patterson, Blatt v. BlountSupreme Court of South Carolina · 1922
- Raleigh & C. R. Co. v. Baltimore Nat. BankDistrict Court, D. South Carolina · 1941
- Blatt v. BlountSupreme Court of South Carolina · 1922
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