Adickes v. Lowry

Citations

• 15 S.C. 128
• 1881 S.C. LEXIS 61

Syllabus

<p>1. Land in possession of a vendee under a valid contract to purchase, cannot be sold as the property of the vendor under judgments which did not obtain liens until after the contract was made.</p> <p>2. Quere: If a debtor puts his land beyond the reach of his creditors by a contract which binds the vendee to apply the proceeds to the debts of the vendor, can the vendor rescind this contract without the consent of his creditors ?</p> <p>3.L., in possession of land under bond for titles given by B., became the purchaser of B.’s interest in this land at sale under execution, and paid in part his bid, but failing to pay balance, the land was re-sold by the sheriff as the property of B., and purchased by A. In action by A. against L for recovery of this land — Held, that L. was not estopped from claiming his rights under his contract with B.</p> <p>4.Possession of land for four years and forbidding a sale, are sufficient to charge a purchaser with notice of claim to the land, and, no inquiry being made, of the nature of the claim.</p> <p>■5. Under a complaint which demands recovery of real property purchased at sheriff’s sale, no judgment can be given for the unpaid balance of purchase money due at the date of the levy to the execution debtor under a contract by the defendant to purchase — the pleadings raising no issue as to the time when the purchase money was paid.</p> <p>6. The judgments could acquire no lien upon the land which was in possession of the vendee under his contract to purchase, nor could the unpaid balance of the purchase money be reached, as, before notice of any claim thereto, it had been paid out by the vendee under his contract.</p> <p>7. The vendee being bound to apply the purchase money to the individual debts of the vendor, the contract operated as an equitable assignment in favor of the vendor’s separate creditors.</p> <p>8. Quere: Would not separate creditors be entitled, in equity, to the separate assets of the debtor, and be preferred to c