Trapier v. Waldo

Citations

• 16 S.C. 276
• 1881 S.C. LEXIS 154

Syllabus

<p>1. It is the policy of the courts to sustain a judicial sale when it can be done without violating legal principles or inflicting injury, but it will not be confirmed against the objections of a purchaser, where the title is bad or of doubtful validity.</p> <p>2. A purchaser at a judicial sale is not affected by irregularities in the proceedings under which the sale was made, if the court had jurisdiction of the subject-matter and all proper parties were before it; and this rule applies as well to cases in which the purchaser objects to the title tendered,' as where he defends his purchase. JBulow v. Witte, 3 S. O. 323, approved.</p> <p>3. An action for foreclosure of mortgage of lands, lying in Georgetown county, was instituted in the Court of Common Pleas for Charleston county, in October, 1879, and no demand was made by the defendants for a change of the place of trial. Meld, that the court in Charleston, under the first paragraph of Section 149 of the Code of Procedure, had jurisdiction of the action, and such jurisdiction having attached, it was not affected by the repeal of this paragraph in December, 1879, before the hearing.</p> <p>4. But as to parties brought in by amendment after such repeal, one of whom was an infant, and the other — an adult — did not appear, the court in Charleston was without jurisdiction, for at that time the requirement of the law was that the action must be tried in the county where the lands lay. As to these parties, the order of foreclosure and sale was void.</p> <p>5. In an action for foreclosure of mortgage of land, the personal representative of the mortgagor, who was dead, was not made a party, although the complaint demanded judgment for deficiency, if any. Held, that this nonjoinder could not be urged by the purchaser at the foreclosure sale, as an objection to the validity of the sale.</p> <p>6. The administrator of a deceased heir-at-law of such mortgagor was not a proper party to the action.</p> <p>7. Under the express