Fort v. Assmann

Citations

• 38 S.C. 253
• 16 S.E. 887
• 1893 S.C. LEXIS 47

Syllabus

<p>1. Judicial Sales — Cleric of Court. — Seoliou 69l of General Statutes provides that “all judicial sales shall be made by the sheriff unless otherwise provided by law.” Section 307 of the Code of Procedure provides that “all sales of real estate * * * under the order of the court, where the title is to be made by the cleric of the Circuit Court, shall be made by the clerk. All other judicial sales shall be made by the sheriffs, as now provided by law,” except that in those counties where the office of master exists, all such sales in equity shall bo made by the master. Held, that the Circuit Court could, by its decree, direct the clerk of that court, in a county where there was no office of master, to make a sale of land, if such decree also further directed this clerk to make the title deed to the purchaser.</p> <p>2. Ibid. — Ibid.—Devastavit—Sureties.—And for moneys received by such clerk on such sale, and misappropriated by him, he and the sureties on his official bond are liable to the party in interest.</p>