Breazeale v. Roach
Supreme Court of South Carolina
Before Rice, J., Oconee, Spring term, 1917. Baxter Roach, as judgment creditor, procured rule to show cause issued to J. G. Breazeale and another, why bid at execution sale should not be complied with, and from the decree the respondents appeal.
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Before Rice, J., Oconee, Spring term, 1917. Baxter Roach, as judgment creditor, procured rule to show cause issued to J. G. Breazeale and another, why bid at execution sale should not be complied with, and from the decree the respondents appeal. The following is' the decree of the Circuit Judge and the exceptions directed to be reported: Decree: On the 31st day of January, 1916, Baxter Roach commenced an action in the Court of Common Pleas for Oconee county against Mrs. F. K. Watson, demanding judgment in the premises. The issue came on for trial before his Honor, Mendel D. Smith, and a jury,…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Mr. Justice Gage.
Appeal from an order of the Circuit Court made upon a special proceeding, and arising out of these circumstances. Roach recovered a judgment at law against Mrs. Watson, a married woman, and alleged to be the head of a family. Execution was issued on the judgment, and the land of Mrs. Watson was sold to satisfy the judgment. Breazeale and Shirley bid, and the land was knocked down to them. They declined to pay the bid and take title, because (1) they said the sheriff was' without power to sell the homestead, and they got no title; and…
2Cases cited3 opinions
- Norman v. NormanSupreme Court of South Carolina · 1886
- Peoples Bank v. BramlettSupreme Court of South Carolina · 1900
- Long v. McKissickSupreme Court of South Carolina · 1897