Darby v. Shannon

Citations

• 19 S.C. 526
• 1883 S.C. LEXIS 110

Syllabus

<p>1. A. issued an attachment against C., an absent defendant, obtained order of publication and commenced publication, but, upon personal service being made on the defendant in North Carolina, the publication was discontinued, and judgment was taken by default more than twenty days after such personal service, but only forty-two days after order for publication. Under this judgment, the land attached was sold by the sheriff. Before this judgment was obtained, B., having issued a junior attachment upon this land as the property of C., moved to set aside the attachment for insufficiency in the affidavit. The judge ruled that a junior attaching creditor could not make such an objection, and refused the motion. After the sale, B. obtained judgment by default, and then instituted this action to have the sale set aside and the land resold. Held, that the action would not lie.</p> <p>2. C. was the only person who could take advantage of the alleged insufficient service of the summons.</p>