Bell v. Fludd

Citations

• 28 S.C. 313
• 5 S.E. 810
• 1888 S.C. LEXIS 54

Syllabus

<p>1. A question of jurisdiction may be raised first in this court, and must be here decided; and it may be raised by the plaintiff appellant to his own action, for if the court below had no jurisdiction of the action, no valid judgment can be rendered.</p> <p>2. The Court of Common Pleas of a county has not jurisdiction to try an action for accounting, where none of the defendants reside in that county. It has jurisdiction only to order a transfer of the cause to the proper county for trial.</p> <p>3. An action to declare purchases made by defendant at sheriff’s sale to be fraudulent and to require her to account for the real value thereof — her subsequent vendees not being parties to the cause — is a personal action against defendant, and does not affect real property — especially so after decree adjudging the sales bona fide, to which finding of fact no exception was taken.</p>