Evans v. McLucas

Citations

• 12 S.C. 56
• 1879 S.C. LEXIS 36

Syllabus

<p>1. A prior encumbrancer is not a necessary party to a suit for foreclosure.</p> <p>2. Objections for defect of parties not taken by answer or demurrer are waived. Code, \\ 171.</p> <p>3. It is settled in this state that the general covenant of warranty in a deed of bargain and sale, since the act of 1795, includes the various covenants in use in conveyances of land prior to that time.</p> <p>4. Where defendant neither alleges nor proves damage to himself from outstanding prior encumbrances on land, he is not entitled to have a deduction on account of such encumbrances, in a suit upon the bond given for the purchase money.</p>