Klinck v. Black

Citations

• 14 S.C. 241
• 1880 S.C. LEXIS 121

Syllabus

<p>1. The act of a deputy sheriff in-putting a purchaser, into possession after an order of injunction restraining such act was served upon the sheriff, but before such service was known, or could possibly have been made known to the deputy, is invalid.</p> <p>2. Upon the application of one claiming a tract of land by title and possession, who was not a party to a cause under which a decree of sale was rendered, a Circuit judge, by his order at chambers, enjoined the sheriff from putting a purchaser of such land into possession, as required by the decree of sale. Held, that such order was within the judicial discretion of the Circuit judge, and its legality could not be questioned by the sheriff.</p> <p>3. Such an order is not suspended by an appeal therefrom.</p> <p>4. Such order having been violated by the sheriff, through the act of his deputy ignorantly done, it was competent for the Circuit judge, by a second order, to command the sheriff to restore the possession thus changed by the wrongful act of his deputy.</p>