Parr v. Lindler

Citations

• 40 S.C. 193
• 18 S.E. 636
• 1893 S.C. LEXIS 19

Syllabus

<p>1. Judgments — Collateral Attack. — In action for the recovery of real property purchased by defendant under execution against plaintiff's intestate, parol testimony is inadmissible to impeach the judgment and execution under which the defendant claims, upon grounds not apparent upon the face of the record.</p> <p>2. Foreclosure — Judgment for Deficiency — Yon> Sale. — A decree which directs judgment, and authorizes execution for any deficiency that may exist after a sale of the premises ordered by this decree, is to that extent void, and, though unappealed from, no execution can be issued under such decree. A sale under an execution issued for the deficiency remaining after the sale, but not fixed by judgment of the court on report to it of such deficiency, is a void sale, and carries no title.</p> <p>3. Case Criticised. — This case distinguished from the case of Freer v. Tupper, 21 S. 0., 15.</p> <p>4. Additional Ground to Support ArERDiCT.— The correctness of an instruction to the jury cannot be considered under a ground taken by respondent assailing such instruction as an additional ground for sustaining the verdict in favor of respondent. Per Mr. Chief Justice McIvbr.</p> <p>Mr. Justice Pope dissenting.</p>