Redfearn v. Craig

Citations

• 57 S.C. 534
• 35 S.E. 1024
• 1900 S.C. LEXIS 70

Syllabus

<p>1. Practice. — Complaint in foreclosure after judgment of sale not appealed from, cannot be dismissed because other issues raised thereby cannot be sustained.</p> <p>2. Administrator. — The Administrator de bonis non of B. is the owner and holder of a bond executed to A., administrator of B., for moneys loaned out of estate of B., and is proper person to sue such bond.</p> <p>3. Equity — Contracts.—An agreement by A. to purchase certain lands of B., and to pay as consideration debts due by B. to D. and E., upon execution of deed by B., and delivery in escrow to be given to A. upon payment of such debts, B. putting A. in full possession, and upon payment of debt due E-, in full and part payment of debt due D., is such as D. can enforce in equity against A.</p> <p>4. Res Judicata. — A judgment creditor neglecting to answer foreclosure complaint alleging some claim by him on mortgaged premises, cannot afterwards set up any claim thereto.</p>