Wertz v. Wertz
Supreme Court of South Carolina
Wertz v. Wertz, 100 S.C. 110 (S.C. 1915)
84 S.E. 411
Justic, Watts
Wertz v. Wertz
Opinion of the Court
The opinion of the Court was delivered by
For the reasons set out in the order of his Honor, Judge Prince, Circuit Judge, it is the judgment of this Court that the judgment of the Circuit -Court be affirmed.
Footnote.—As to how far purchaser at a judicial sale is protected, and when he will be compelled to complete the purchase, see note in 21 L. R. A. 33. As to existence of easement for public highway as a breach of covenant against encumbrances, see note in 34 A. & E. Ann. Cas. 1914d, 1011, and 48 L. R. A. (N. S.) 619.
Reference
- Full Case Name
- EX PARTE CUDD. WERTZ v. WERTZ
- Status
- Published
- Syllabus
- Partition. Sale. Refusal of Purchaser to Perform. Liability. A purchaser at partition sale of a tract in gross may not be relieved from liability on the ground that a part of the tract had been taken to widen a street, where no one having the right so to do had given any part for a street, and where the municipality had never acquired the same by condemnation.