Iseman v. McMillan

Citations

• 36 S.C. 27
• 15 S.E. 336
• 1892 S.C. LEXIS 78

Syllabus

<p>1. Deed at Judicial Sale. — A sheriff having sold land under a decree of the Probate Court, made his deed to the bidder for life, with remainder to others, taking from the bidder a mortgage of the land, as required by the decree. Under decree of foreclosure of this mortgage in action to which these remaindermen were not parties, the purchaser at the sale took good title, as the sheriff had no power to make deed under the probate decree except to the purchaser in fee.</p> <p>2. Ibid. — Recording.—The record of this sheriff’s deed gave no rights to these remaindermen superior to the mortgage, nor binding upon the court in the action of foreclosure.</p> <p>3. Fraud — Innocent Purchaser.- — A complaint which sought to recover from the purchaser at the foreclosure sale an interest in this land on the ground of fraudulent collusion between mortgagor and mortgagee, in the foreclosure proceeding, to enforce a sale under a satisfied mortgage, does not state facts sufficient to constitute a cause of action, there being no allegation of collusion or knowledge on the part of defendant, the purchaser.</p> <p>4. Inconsistent Averments. — A complaint is bad on demurrer which alleges in one place that a bond was paid, and in another place that it was paid or nearly so. Section 180 of the Code requires liberality in construing the allegations of a complaint, but does not permit allegations of fact in the alternative.</p>