City of Charleston v. Blohme

Citations

• 15 S.C. 124
• 1881 S.C. LEXIS 60

Syllabus

<p>1. While there is no warranty at a judicial sale, the rule of caveat emptor does not apply to the same extent as to sales under execution.</p> <p>2. One desiring to purchase land at a foreclosure sale, examined the records and found a prior mortgage marked satisfied; she then became the purchaser, but afterwards learning that the entry of satisfaction was a forgery and that the prior mortgage was still open, refused to comply with her hid. Upon rule to show cause — Held, that she could not he compelled to comply, unless the validity of the title was established under proper proceedings instituted for that purpose.</p>