Alexander v. Messervey

Citations

• 35 S.C. 409
• 14 S.E. 854
• 1892 S.C. LEXIS 189

Syllabus

<p>1. Advertisement op Judicial Sales. — Under action for foreclosure, the decree directed the master to sell the land “after duly advertising time, terms, and place of such sale in one of the newspapers published in said county, as required and provided by law.” The master sold on salesday in December, after posting due notice of such sale on the court house door on the Monday which -was three weeks before, and sending on the same day a copy to a weekly newspaper published every AYednesday in the county, and it was advertised by such paper in the three successive issues next preceding the day of sale. Held, that the advertisement of the sale was for a sufficient period of time before the sale. Gen. Stat., $ 2424, construed.</p> <p>2. Sales — Irregularity.—If the sale had been advertised for less time than the law requires, it would have been an irregularity only, not affecting the rights of the purchaser: for in this regard, the law has now placed sales by order of court and sheriff’s sales on the same footing. ■ ■</p> <p>3. A Finding op Fact by the Circuit Judge on an application to vacate a judicial sale, to the effect that plaintiff had not been surprised, sustained, such finding not being without testimony to support it, and there being conflict in the testimony and the sale having been ordered on plaintiff’s application.</p> <p>4. Judicial Sales — Inadequacy op Price. — The court will not set aside a judicial sale for inadequacy of price, where the sale was fairly conducted, and there was no fraud or concealment by the selling officer or the purchaser.</p>