Crenshaw v. Julian

Citations

• 26 S.C. 283
• 2 S.E. 133
• 1887 S.C. LEXIS 47

Syllabus

<p>1. Defendants in execution are not wholly estopped from denying the title of the purchaser to lands sold by the sheriff as their property under such execution. Eor while they may not show a paramount title in some third person, they may dispute the validity of the judgment and execution, and of the sale and conveyance.</p> <p>2. Other grounds than those raised by exceptions will be considered in support of the Circuit decree.</p> <p>3. A confession of judgment by a married woman in 1867 was void, but having been revived by default in 1876 and again in 1883, the validity of the judgment was thereby established and is now res judicata.</p> <p>,4- Since the constitution of 1868 the doctrine of estoppel applies to a married woman, notwithstanding her coverture — certainly as to acts done prior to the act of 1882.</p> <p>5. In action by the purchaser to recover land bought at sheriff’s sale, the defendant in execution, as whose property the land was sold, cannot defeat the action by showing that she had no leviable interest, and that the title was in her trustee. Only the trustee could interpose such defence.</p> <p>6. Case remanded with leave to have the trustee made a party.</p>