Hardin v. Melton

Citations

• 28 S.C. 38
• 4 S.E. 805
• 1888 S.C. LEXIS 11

Syllabus

<p>1. One is not a purchaser for valuable consideration without notice unless (1) he was without notice, and (2) has paid the purchase money.. Where, therefore, he purchases for value without warranty, he is not entitled to this defence as against an encumbrance of which he had notice.</p> <p>2. The plea of purchaser for valuable consideration without notice cannot avail against a judgment legally valid and having lien on the property.</p> <p>3. A judgment entered and filed and regular in all particulars, except that the formula prescribed by law was not dated or signed by the clerk, is a valid judgment, having lien even as to third parties who subsequently purchased from the judgment debtor.</p> <p>4. Under a call for creditors in an action for the administration of a decedent’s estate, a judgment creditor who proves his judgment does not thereby lose or abandon the lien of his judgment on property not the subject of such action.</p> <p>5. A judgment creditor accepted §500 from a clerk of court in release of any liability of the latter for failing properly to enter up the judgment. Held, that the judgment creditor did not thereby release the lien of her judgment nor estop herself from asserting it.</p> <p>6. A levy being made under this judgment on property aliened by the judgment debtor, the purchasers instituted an action to enjoin. The Circuit Judge granted a non-suit, saying he thought there was no judgment. Held, that the judgment creditor was not estopped from after-wards asserting this judgment against subsequent purchasers.</p> <p>7. A petition for rehearing cannot be granted unless it is shown that this court overlooked some fact or some question of law material to the case as presented by the appeal.</p> <p>8. A question not passed upon in the Circuit decree, and no error alleged in the failure to consider it, is not before this court on appeal.</p> <p>9. A judgment creditor has a right to levy and sell land covered by the lien of her judgment, but now ow