Genobles v. West

Citations

• 23 S.C. 154
• 1885 S.C. LEXIS 87

Syllabus

<p>1. The validity of a former judgment may be attacked in subsequent action brought for that purpose, although other relief be also demanded.</p> <p>2. A sheriff’s return of personal service, while presumptively correct, is rebutted when disproved by the entry in his writ book, and by the testimony of the deputy to whom the paper was delivered for service, and of the person upon whom the alleged service was made.</p> <p>3. The Court of Common Pleas 'can acquire jurisdiction of a minor by personal service only.</p> <p>4. Irregularities arising subsequent to the service of a summons cannot properly, it seems, enter into the question of jurisdiction, nor render the judgment void.</p> <p>5. Whore the proper party is served, and makes default, he is bound by the judgment, although incorrectly named in the summons.</p> <p>6. Parties who take no steps to avoid proceedings relating to land in which they have a future interest, or to prevent strangers from dealing for it with another as his own (the having no positive knowledge of such dealings until after purchase completed), are not estopped from afterwards claiming this land from such purchasers.</p> <p>7. The statute directing that the order for a judgment by default be endorsed upon the complaint, and that “no execution shall be signed on judgments obtained by default in any other manner,” is directory, and a failure to observe this law does not invalidate a judgment otherwise regular.</p> <p>8. It cannot be assumed that in action for cancellation of deed on the ground of fraud, a judgment was rendered for the plaintiffs without any evidence; but were the fact so, the judgment could not be corrected in a subsequent action.</p> <p>9. It is not necessary that a summons should be signed and sealed by the clerk of the court.</p> <p>10. Where dower is renounced upon a mortgage, in which power is given to the mortgagee on default to sell the land, satisfy the mortgage, pay subsequent encumbrances, and turn the surplus over t