Lorick v. McCreery

Citations

• 20 S.C. 424
• 1884 S.C. LEXIS 28

Syllabus

<p>1. When a master’s report is adverse to defendant upon some of tbe issues raised, but on tbe main issue is favorable, and recommends a dismissal of the complaint, still, proper practice requires defendant to except to such adverse findings if be wishes to have them further considered in the cause.</p> <p>2. A judgment was obtained in Richland county and transcript filed in New-berry county; execution was then issued by the clerk of Richland to the sheriff of Newberry, and made returnable “in 60 days,” and levy thereunder was made within sixty days. Held, that a sale of land in Newberry under this execution was valid.</p> <p>S. An interest in land being purchased at sheriff’s sale by the plaintiff in execution to whom the money was due, the purchaser may bring action for partition without making payment of his bid and before receiving a title-deed from the sheriff.</p> <p>4. A distributee, L., having an interest in G.’s intestate estate, executed under her hand and seal, in the presence of two witnesses, an instrument of writing in words following, to wit: “ For value received, I hereby assign, set over and deliver to S. all my right, title and interest, as legatee of the-estate of G.” Held, that S. became thereby entitled to L.’s life-interest in a tract of land of which the intestate died seized and possessed, but the fee-remained in L.</p> <p>5. Such remainder was subject to levy and sale under execution against L., and the purchaser became thereupon entitled to maintain an action for partition, if such partition could be had consistently with the interests of all parties.</p>