Wheeler v. Alderman

Citations

• 34 S.C. 533
• 13 S.E. 673
• 1891 S.C. LEXIS 71

Syllabus

<p>1. Equity — Sale under Satisfied Judgment. — Where money is lent and a mortgage taken in the faith that entry of satisfaction on a prior judgment is valid, and plaintiff purchases for value under a foreclosure of such mortgage, after which the judgment creditor on notice only to the judgment debtor has the entry of satisfaction vacated, execution issued, levy made and sale advertised, plaintiff, on allegations that he is a purchaser for valuable consideration without notice, and that there' was collusion between the judgment creditor and debtor, may invoke the aid of the Court of Equity to enforce these equitable rights and prevent a sale under this judgment, even though there be no actual collusion or fraud between the parties to the judgment.</p> <p>2. Attorneys — Satisfaction of Judgment — Purchasers.—At the instance of a debtor an attorney prepared a confession of judgment, voluntarily made to the creditor, and signed himself as plaintiff’s attorney, and had the judgment duly enrolled. Afterwards this attor: ney informed a subsequent purchaser that the judgment was paid and entered satisfaction on the record, signing himself as plaintiff’s attorney, and on the faith of these statements the purchaser parted with his money. Held, that as to such innocent purchaser, the judgment creditor -who claimed the judgment and its lien was estopped from denying that such attorney had authority to represent and act for him.</p> <p>3. Ibid. — Ibid.—Ibid.—An attorney has no right, as between the parties, to enter satisfaction on ajudgment without the actual receipt of the money due thereon, but the attorney’s statement of full receipt and satisfaction had will protect subsequent innocent purchasers for value of the land affected by the lion of such judgment.</p>