Long v. McKissick

Citations

• 50 S.C. 218
• 27 S.E. 636
• 1897 S.C. LEXIS 20

Syllabus

<p>1. Attorney — Sheriff’s Sales — Principal and Agent — Contract. An attorney bidding off land at an execution sale, and requesting that it be charged to him, as attorney, and upon request refusing to disclose his principal, is individually bound for the bid, and if he some time afterward disclose his principal, he will not thereby be relieved.</p> <p>2. Ibid.' — Ibid.—Ibid.—Ibid.—An attorney bidding off land at an execution sale, as attorney, and there refusing to give his principal, makes a contract to purchase such land of the sheriff in his individual capacity.</p> <p>3. Sheriff’s Sales — Evidence.'—An entry made by a sheriff in his sales book of a sale of land under execution is best evidence of such sale, and not the memoranda made by him at auctioneer’s block.</p> <p>4. Exceptions based on misconception of charge.</p> <p>5. Sheriff’s Sales — Warranty.—There is no warranty by a sheriff of the number of acres in a tract of land sold by him under execution by metes and bounds.</p> <p>6. Charge.- — Parts of charge excepted to were not on the facts, but explanatory of the legal effect of the record.</p> <p>7. Judgment — Evidence.—Record constituting judgment roll, introduced in evidence without objection, is competent evidence of the judgment.</p>