Miller v. Owens
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the District of South Carolina, at Columbia; Henry A. M. Smith, Judge. Action by I\ I imite H. Miller against L. B. Owens to recover cer~ tain real property. Judgment for defendant, and plaintiff brings error. This is an action at law, Instituted in the District Court of the United.
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In Error to the District Court of the United States for the District of South Carolina, at Columbia; Henry A. M. Smith, Judge. Action by I\ I imite H. Miller against L. B. Owens to recover cer~ tain real property. Judgment for defendant, and plaintiff brings error. This is an action at law, Instituted in the District Court of the United. States for the District of South Carolina, at Columbia, by the plaintiff in. error (hereinafter referred to as iffninliff), Minnie H. Miller, against L. IS Owens, defendant in error (hereinafter, referred to as defendant), to recover possession of a tract of…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). [1] It is stated in the brief for the defendant that:
“Plaintiff assails in this court title of defendant on the ground that the power of the master to sell under said decree was exhausted by the sale made by him in March, 1898, and that he was without power to resell, as he did, in May, 1898, and that consequently his deed was a void act.”
An examination of the record discloses the fact that the sale was advertised for sales day in February, 1898, and that further advertisement of the premises was enjoined by the order of Judge Townsend, dated February 5,…
2Cases cited2 opinions
- Brown v. Carolina Midland Ry. Co.Supreme Court of South Carolina · 1902
- Murchison v. MillerSupreme Court of South Carolina · 1902