Norman v. Norman
Supreme Court of South Carolina
Before Cothran, J., Union, March, 1884. The opinion fully states the case. The plaintiff should not be required to comply with his bid, because it was made under a gross mistake and misapprehension of law and fact. 2 McQord Oh., 461; 2 Bail., 623; 1 Ilill Oh., 260; Bail. JEq., 505. These cases are not overruled by 4 Rich. JEq., 353, and 20 S. 0., 317. See, too, 4 Dana, 301; 3 B. Mon., 510; 21 Conn., 139; 7 G-a., 64; 6 Harr. J., 500; 33 Am.
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Before Cothran, J., Union, March, 1884. The opinion fully states the case. The plaintiff should not be required to comply with his bid, because it was made under a gross mistake and misapprehension of law and fact. 2 McQord Oh., 461; 2 Bail., 623; 1 Ilill Oh., 260; Bail. JEq., 505. These cases are not overruled by 4 Rich. JEq., 353, and 20 S. 0., 317. See, too, 4 Dana, 301; 3 B. Mon., 510; 21 Conn., 139; 7 G-a., 64; 6 Harr. J., 500; 33 Am. Rep., 471; 15 Id., 184. The plaintiff not having complied with his bid, the court should not order a compliance in favor of the judgment debtor. Story…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan. J.
Fincher Norman, William H. Norman, Elizabeth Hollis, and James T. Bomar were tenants in common of a tract of land in Union County, known as the old “Jason Norman tract,’' the interest of the parties being as follows: J. Fincher Norman, one-third; W. H. Norman, one-third; Elizabeth A. Hollis, one-sixth ; and James T. Bomar, one-sixth. On December 1, 1877, James T. Bomar mortgaged his one-sixth to Layton and Gregory for $1,041.30, and the mortgage was duly recorded. A part of the money borrowed by James T. Bomar from Layton and…
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