Peake v. Young

Citations

• 40 S.C. 41
• 18 S.E. 237
• 1893 S.C. LEXIS 12

Syllabus

<p>1. Eindinos op Pact by t-lio Circuit Judge from testimony heard by him, approved.</p> <p>2. Purchase — Action.—An action by a master of the court to enforce a contract of purchase made with his predecessor in office by the defendant, is maintainable in the Court of Equity as in the nature of an action for specific performance.</p> <p>3. Master — Successor.—-One appointed to the office is the successor in office of the master of a prior term.</p> <p>4. Ibid. — Powers.—Where the Court of Equity directs the master of that court to sell a lot of land and take bond and mortgage from the purchaser, the master who was so ordered to sell was also invested with power to execute a proper deed of conveyance.</p> <p>fi. Purchaser — Sale.—Where the defendant admits that he bid off a lot of land at a master’s sale, and that his bid was entered in the sales book, he cannot contend that there had been no sale.</p> <p>6. Master- — Successor—Deed.—It would seem that a deed executed while in office by the master that made the sale would be valid when delivered to the purchaser by a succeeding master.</p> <p>7. Ibid. — Ibid.-—Actions.—Where a master made a sale of land under order of court, and the purchaser paid the cash portion of his bid and went into possession, but failed to execute the bond and mortgage required by the order of sale, although not refusing to do so until another master had succeeded to the office, while neither master could make deed, the first because his term had expired, and the second because he had not made the sale, the latter properly brought action to require the purchaser to comply, without first seeking any further order of the court.</p> <p>8. Sale — Non-Compliance—Action.—An action like this may be regarded as an action in the nature of an action of foreclosure.</p> <p>9. Costs in Chancery are within the discretion of the Circuit Judge. In this case they were properly decreed against defendant.</p> <p>10. Decree — Resale.—The decree in this case pro