Douthit v. Hipp

Citations

• 23 S.C. 205
• 1885 S.C. LEXIS 93

Syllabus

<p>1. In action simply for foreclosure of mortgage to recover the debt secured thereby, and Avith no purpose of adjudicating the rights of other encumbrancers, a subsequent encumbrancer is a proper, but not a necessary, party.</p> <p>-2. Where the master sells a tract of land as a whole and by name, representing it as “containing 900 acres, more or less,” in action against the purchaser for foreclosure of the mortgage given by him to secure his bid, no abatement will be allowed for a deficiency of 40 acres, it not being a gross deficiency.</p>