LeConte v. Irwin

Citations

• 23 S.C. 106
• 1885 S.C. LEXIS 82

Syllabus

<p>1. Tho decision of this court in LeConte v. Irwin (19 8. C., 554), stated.</p> <p>2. Under the ruling of this court on the former appeal, the purchaser was entitled to an order confirming the master’s report on sales, no additional facts being shown in opposition to the motion.</p> <p>3. On a motion to put the purchaser into possession of premises sold under a decree of foreclosure, the defendant cannot resist the motion upon grounds known to him at the time the report on sales was confirmed ; he is concluded by the order of confirmation.</p> <p>4. The judgment of foreclosure having provided that the purchaser be let into possession on the production of the master’s deed, the Circuit Judge erred in granting an order directing the sheriff to put the purchaser into possession, an appeal having been noticed by the defendant from a previous order, at the same term, confirming the report on sales.</p> <p>Mr. Justice McGowan, dissenting.</p>