Carolina Savings Bank v. McMahon

Citations

• 37 S.C. 309
• 16 S.E. 31
• 1892 S.C. LEXIS 23

Syllabus

<p>1. Probate of Deed—Official Title.—A purchaser of land cannot object to a deed in the muniments of his vendor’s title because of the absence of the official title of the person before whom the probate was made, where there is sufficient evidence to show that such person was then an officer authorized to take affidavits. And the objection is untenable in this case for the additional reason, that the original deed, with proof appended of the death of grantor and witnesses and of their handwriting, was tendered to the purchaser, especially as no rights of third persons had intervened.</p> <p>2. Words of Inheritance—Sheriff’s Deed.—The technical rule of law which treats a deed as a conveyance of only a life estate where the grant is to the grantee and not, also, to his heirs, has no application to a sheriff’s deed, which purported to convey all of the debtor’s estate, title and interest, where the sale was made under execution, and the judgment debtor was the owner in fee of the land levied and sold, inasmuch as the mandate' of the court required the sheriff to sell the fee, and he could, therefore,' sell no less.</p> <p>3. Sheriff’s Sale—Deed by Sdccessor.—If a sheriff’s deed is insufficient to convey the title which the purchaser at an execution sale is entitled to receive, a subsequent sheriff may make proper deed to the purchaser under the power conferred upon him by section 686 of the General Statutes, and such deed will relate back to the date of sale.</p> <p>4. Mortgagor Out of Possession—Alienation.—Where a mortgagor went out of possession of the mortgaged premises in the year 1848, and the. mortgagee at once took possession, the mortgage operated as an alienation under the law then of force.</p> <p>5. Sheriff’s Deed—Words of Inheritance—Adverse Possession—Presumption.—Where a sheriff’s deed purports to convey all of the judgment debtor’s interest in the land levied and sold, but omits, through a clerical mistake, the technical words ordinarily necessary in d