Ruff v. Doty

Citations

• 26 S.C. 173
• 1 S.E. 707
• 1887 S.C. LEXIS 24

Syllabus

<p>A complaint alleging that one defendant fraudulently obtained a mortgage from plaintiff as additional security, and that after the debt was fully paid this defendant instituted an action to foreclose said mortgage, in which suit this plaintiff appeared and employed an attorney, who neg-. ligently failed to defend; that judgment of foreclosure was obtained, sale had, and the other defendant purchased and was now in possession — fails to state a cause of action (1) against the purchaser, because he is protected by the judgment under which he pur-chased; and also (2) against the mortgagee, becanse the matters charged were necessarily involved in the former causo and are now, therefore, res judicata..</p>