Woods v. Bryan

Citations

• 41 S.C. 74
• 19 S.E. 218
• 1894 S.C. LEXIS 85

Syllabus

<p>1. A Confession of Judgment, based upon a detailed statement of a note, is void, under section 384 of the Code of Procedure, for failing to state the facts out of which arose the indebtedness represented by this note.1</p> <p>2. Ibid. — Appeal.—If a confession of judgment, otherwise void for insufficient statement, could be made valid to the extent of the costs of suit, itemized in the statement contained in the confession, no such ruling can be made on appeal where the question was.not raised on Circuit.</p> <p>3. Ibid. — Revival—Parties and Privies. — A confession of judgment being void for non-compliance with the statutory requirements, it cannot, by successive renewal of execution and revival of judgment under orders of court, be made valid as against a subsequent mortgagee, not a party to these proceedings in court.</p> <p>4. Ibid. — Collateral Attack. — Where a mortgagee institutes his action of foreclosure in equity against the mortgagor and a claimant of the mortgagor’s title under a sale by the sheriff under a prior judgment against the mortgagor, alleging that this judgment was void for insufficiency and fraud, this is not a collateral attack upon the judgment; and in this action, this judgment, interposed as a defence, may be disregarded if found to be void.</p>