Sheriff v. Welborn

Citations

• 14 S.C. 480
• 1881 S.C. LEXIS 15

Syllabus

<p>1. A, a judgment creditor, having purchased his debtor’s land at sheriff’s sale, brought his action and obtained judgment for the recovery of the land so purchased. The land was subsequently sold by a United States marshal to B under a judgment against the same defendant, of older lien than A’s. In action by A against'B for the recovery of this land, which was of less value than $1000, and all that the debtor had — Held, that B could not now require A to show that his judgment was based upon a contract of older date than the homestead law.</p> <p>2. Particularly in this case, where there is no proof that the judgment debtor , was the head of a family.</p> <p>3. A purchaser of land at a marshal’s sale proved the judgment and the marshal’s deed, but not the execution nor the levy. Held, that he had not established his title, and that the recitals of execution issued and . levy made, contained in the deed, were not proof of the facts so recited.</p> <p>4. Cases reviewed, and Hopkins v. JDe Qraffenried, 2 Bay 441, overruled.</p> <p>5. This court can consider only such facts as are stated in the case.</p>