Lawrence v. Grambling

Citations

• 13 S.C. 120
• 1880 S.C. LEXIS 31

Syllabus

<p>1. Objections not raised at the proper time cannot be considered on appeal.</p> <p>2. A purchaser at sheriff’s sale is not affected by irregularities in the execution under which he purchased, especially so in an action to try the title between the purchaser and the defendant in such execution.</p> <p>8. The act of 1873 (15 Stat. 495), amends not only the sections of the code therein mentioned, but also other sections containing matter necessarily inconsistent with the amendments introduced by that act.</p> <p>4. Since the act of 1873, an execution may be issued without leave at any time within three years after entry of judgment, and with leave upon motion.at any time while the judgment remains unsatisfied.</p> <p>5. If issued without leave after three years have expired, the execution is not void, but only voidable for irregularity.</p> <p>6. The want of leave to issue may be supplied by proof of consent, and such consent may be presumed from the failure of defendant to move to have the execution set aside; and a payment upon an execution irregularly issued is proof of actual assent.</p> <p>7. A failure by the sheriff to levy on personalty before selling real estate, ■ and defects in the advertisement of the land, do not affect, prejudicially, the purchaser’s title.</p>