Latimer v. Ballew

Citations

• 41 S.C. 517
• 19 S.E. 792
• 1894 S.C. LEXIS 127

Syllabus

<p>1. Injunction — -Void Sale. — The purchaser of lands from devisees cannot ask the Court to enjoin a sale thereof by the sheriff under judgment against testator, where there is no allegation in the complaint that the judgment was a lien on the land, as a'sale under a judgment without lien would not disturb the plaintiff’s title.</p> <p>2. Ibid. — Judsment—Several Parcels. — If the judgment had a lien, the plaintiff would still not be entitled to relief on the bare allegation that there were other assets amply sufficient to pay the judgment.</p> <p>3. Ibid. — Ibid.—Ibid.—A judgment creditor may enforce payment by sale of any property on which his judgment has a lien, and the Court of Equity will not enjoin his selection.</p>