Salinas v. Aultman & Co.

Citations

• 45 S.C. 283
• 22 S.E. 889
• 1895 S.C. LEXIS 36

Syllabus

<p>1. Judgment — -RES Adjudicata. — A judgment setting aside a deed for fraud is not conclusive against an intervener’s right to maintain a subsequent action for improvements made by the defendant, his grantor, where the Court refused to consider his claim therefor, on the ground that he could not recover in such action, but must proceed by direct action.</p> <p>2. Betterments — rev. Stat., 1952-57-58 — Cases Foeeowbd. — The purchaser at a foreclosure sale may maintain an action for betterments, after final judgment against him for possession of the premises, for such improvements as the mortgagor erected on the premises, if he believed at the time of his purchase that he obtained a good title. Rev. Stat., secs. 1952-1957-1958, construed. McKnight v. Cooper, 27 S. C., 94, and Tumbleton v. Rumph, 43 S. C., 275, followed.</p> <p>3. Nonsuit. — The nonsuit in this case was improperly granted, because there was some testimony on the issues, and in such case it is error in the Circuit Judge to grant nonsuit.</p>