Ruff v. Elkin

Citations

• 40 S.C. 69
• 18 S.E. 220
• 1893 S.C. LEXIS 9

Syllabus

<p>1. Service on Infants. — An infant under fourteen years of age is not properly made a party to an action where the summons is not personally served upon him.</p> <p>2. Impeachment of Judgments.. — -The rule declared as to yoid and voidable judgments, and how alone the latter may be impeached.</p> <p>3. Ibid. — Service on Infants. — Where parties claiming under a purchaser at foreclosure sale bring action to recover the land from the heir of the mortgagor, who, when an infant, had been the defendant to the foreclosure proceeding, and it is agreed that the defendant shall have the right to introduce any evidence and make any point in his defence which he could introduce or make in any proceeding instituted by him to vacate the judgment of foreclosure, he may introduce evidence to disprove the return of service, regular in form, endorsed by the sheriff on the summons in foreclosure, and upon such evidence the judgment may be vacated.</p> <p>4. Decree — Amendments—Infants.—Where an infant is not properly before the court, no amendment can be made to a decree by consent of one assuming to be attorney of the infant’s guardian ad litem.</p> <p>5. General Exceptions. — Exceptions alleging error to the trial judge in charging certain requests will not be considered, where the judge stated to the jury that they were good law, except as modified by his charge, and the exceptions fail to specify the modifications or to suggest wherein these modifications were erroneous.</p> <p>6. Judicial Sales — Fraud—Jury Trial. — There was no error in submitting ■to the jury the question of actual fraud in chilling bids at a sale under which the plaintiffs were now claiming as beneficiaries.</p> <p>T. Action — Amendment.—A complaint demanded the recovery and partition . of land alleged to have been purchased under foreclosure proceedings, and the defendant in possession, the heir of the mortgagor, successfully attacked the validity of the foreclosure and purchase. Held, that there was no