Blatt v. Blount

Citations

• 121 S.C. 78
• 113 S.C. 467

Syllabus

<p>1. Appeal and Error — Due to Other Judicial Proceedings, ' Question Raised Held Academic. — -Where a successful bidder at a foreclosure sale obtained an order' restraining a resale, and in the county where the land is situated was heard on his own motion to require a further sale to be stayed, and on motion of opposing party to require this bidder to comply with his bid, the question raised by this bidder, whether under Civ. Code 1912, § 3833, as amended by Act March 7, 1921, 32 St. at Large, p. 281, § 1, a Judge at chambers in a county other than the one in which the property is situated, without notice to the successful bidder, has the power to change the terms of the former order of sale, and order a resale of the property, became academic.</p> <p>2. J udicial Sales — Court Empowered to Force Successful Bidder to Comply With Terms op Order op Sale. — A Court of Equity has jurisdiction of a successful bidder at a judicial sale as a party, or quasi party, to the proceedings in which the sale was ordered, to the extent necessary to enforce compliance with the terms of the order, and to protect the rights of parties whose interests in the realty have been adjudicated.</p> <p>3. Judicial Sales — Purchaser Entitled to Reasonable Time to Ascertain Whether Title Defective. — A purchaser of land under a Court decree is entitled to a reasonable time after bidding to ascertain whether the title is defective.</p> <p>4. Mortgages — Period por Compliance Having Been Extended, Successful Bidder Not Entitled to Additional Time for Investigation op Title. — The successful bidder at a foreclosure sale, with knowledge of an alleged cloud in the title, who failed to comply with the cash terms of the sale within eight days thereafter, and was by the Court’s order given the privilege of complying during the period from sales day in November until sales day in January, was not entitled to inject himself into the foreclosure cause as a party, and require that proceedings be stayed un