Hunt v. Nolen

Citations

• 40 S.C. 284
• 18 S.E. 798
• 1893 S.C. LEXIS 25

Syllabus

<p>1. Sale oe Land — Deeiciency—Parties.—Plaintiffs sold to defendant, -with general warranty, a tract of land of two hundred acres by metes and bounds, which included thirty acres of this land held by a third person, the possession of which thirty acres was never given to defendant. In action on the bond and mortgage for the balance of the purchase money, tlic defendant interposed this deficiency as a breach of the warranty, and the value of this deficiency depended upon the estate of this third person, whether a fee or an estate per mite?'vie, with reversion in defendant. Held, that no adjudication should be made until the person in possession of these thirty acres was before the court as a party to the cause.</p>