Bragg v. Thompson

Citations

• 19 S.C. 572
• 1883 S.C. LEXIS 115

Syllabus

<p>1. A judgment rendered against a party at that time deceased, is void, notwithstanding his sole executor was a defendant in the same, action, but in his individual capacity.</p> <p>2. But an execution, regular in form, issued upon such void judgment, was a mandate to the sheriff, which it was his duty to obey, whether it proceeded from a court of general or limited jurisdiction, and he will be protected in everything done in the due and proper execution of such process.</p> <p>3. A transcript of a trial justice’s judgment having been docketed and enrolled in the Court of Common Pleas, an execution issued thereon, signed by the trial justice, but tested by the clerk of the Circuit Court under his official seal on the margin, was in proper form and a legal execution.</p> <p>4. The purchaser, at a sale under such void judgment, may recover from the sheriff so much of the proceeds of the sale as had not been paid to the plaintiff in execution before notice had by the sheriff of any defect in the judgment.</p> <p>5. A new trial nisi granted by this court.</p>