Brown v. Barnwell Mfg. Co.

Citations

• 46 S.C. 415
• 24 S.E. 191
• 1896 S.C. LEXIS 57

Syllabus

<p>1. Sheriff — Entry of Sale — Waiver—Case Followed. — A sheriff must make a memorandum in writing on his sale book showing the purchaser of property at his sale, and on the trial of an issue involving that question, a party has a right to demand the production of the sheriff’s sale book, following Daniel v. Harley, 3 Strob., 234; but where parol testimony, as to such facts as should be recorded in the sheriff's sale book, is taken without objection, the right to afterwards object on the ground that such testimony was obnoxious to the statute of frauds is waived.</p> <p>2. Sheriff — Sheriff’s Sales. — If the act of a sheriff, in reselling on same day at risk of former purchaser, was an unreasonable exercise of the discretion allowed him by law, all the proceedings after the first saleare null and void.</p> <p>3. Ibid. — Ibid.—Creditor—Debtor—Purchaser—Case Followed. — The sheriff at a sale under execution represents the creditor, debtor, and purchaser, and must so act as to subserve the interest of all such parties, following Farr v. Sims, Rich. Eq. Cases, 122.</p> <p>4. Ibid. — Ibid.—'Purchaser.—A piece of property sold under execution -was bid off in good faith; was resold at risk of first purchaser before expiration of hours of sale; at time of resale purchaser was making efforts to comply, and had the money ready before close of hours of sale. Held, that the second sale was void, and the first purchaser should take the property.</p>