Kaminsky v. Trantham

Citations

• 45 S.C. 393
• 23 S.E. 132
• 1895 S.C. LEXIS 44

Syllabus

<p>1. Judgment — Purchaser—Sheriee’s Sate. — A purchaser of land at a sale, made under a junior judgment some months after service of summons to revive a senior judgment, and after expiration of lien of senior judgment, but before decree of revival, to which proceeding neither the purchaser nor the junior judgment creditor were parties, cannot refer his title to the senior judgment. Mr. Chiee Justice McIver dissenting.</p> <p>2. Foreclosure decree — Sale.—A foreclosure decree which provides that the premises be sold, or “so much thereof as may be necessary and sufficient to pay the same, ’ ’ &c., necessarily implies that the officer making the sale has the right to have the land divided into convenient parcels.</p>