Blatt v. Blount
Blatt v. Blount
Opinion of the Court
The opinion of the.Court was delivered by
This is an appeal from an order of Hon. S. W. G. Shipp, Circuit Judge, ordering a resale of the real estate involved in a foreclosure suit. The appellant is the successful bidder at the first sale, and contends that he has a right to have further proceedings stayed until an alleged cloud on the title has been removed. The facts are fully and clearly set forth in Judge Shipp’s order, which will be incorporated in the report of the case.
“(1) Has a Judge at chambers, in a county other than the one in which the property is located, without notice to the successful bidder, the power to change the terms of the former order of sale, and order a resale of the property?
“(2) Has the Court of Equity the power to stay proceedings in a foreclosure action, until a cloud on the title has been removed; and did the Circuit Judge abuse his discretion in this case by refusing to exercise that power?”
As to the first question: Under the provisions of Section 3833, Civil Code 1912, amended 32 Stat., p. 281, a Circuit Judge has power at chambers “to hear and determine actions for partition and foreclosure suits, either within or without the county where the land in question lies.” This was a default case. Whether the appellant, by virtue of his successful bid, with which he had failed to comply, became such a party to the cause as entitled him to notice of the application made to Judge Shipp at Aiken, eight days after the sale on November 7, for an order authorizing a resale of the property under different terms, has become an academic question. The appellant obtained an order
The exceptions aré overruled, and the order of the Circuit Judge is affirmed.
Reference
- Full Case Name
- EX PARTE PATTERSON, BLATT v. BLOUNT
- Status
- Published
- Syllabus
- 1. Appeal and Error — Due to Other Judicial Proceedings, ' Question Raised Held Academic. — -Where a successful bidder at a foreclosure sale obtained an order' restraining a resale, and in the county where the land is situated was heard on his own motion to require a further sale to be stayed, and on motion of opposing party to require this bidder to comply with his bid, the question raised by this bidder, whether under Civ. Code 1912, § 3833, as amended by Act March 7, 1921, 32 St. at Large, p. 281, § 1, a Judge at chambers in a county other than the one in which the property is situated, without notice to the successful bidder, has the power to change the terms of the former order of sale, and order a resale of the property, became academic. 2. J udicial Sales — Court Empowered to Force Successful Bidder to Comply With Terms op Order op Sale. — A Court of Equity has jurisdiction of a successful bidder at a judicial sale as a party, or quasi party, to the proceedings in which the sale was ordered, to the extent necessary to enforce compliance with the terms of the order, and to protect the rights of parties whose interests in the realty have been adjudicated. 3. Judicial Sales — Purchaser Entitled to Reasonable Time to Ascertain Whether Title Defective. — A purchaser of land under a Court decree is entitled to a reasonable time after bidding to ascertain whether the title is defective. 4. Mortgages — Period por Compliance Having Been Extended, Successful Bidder Not Entitled to Additional Time for Investigation op Title. — The successful bidder at a foreclosure sale, with knowledge of an alleged cloud in the title, who failed to comply with the cash terms of the sale within eight days thereafter, and was by the Court’s order given the privilege of complying during the period from sales day in November until sales day in January, was not entitled to inject himself into the foreclosure cause as a party, and require that proceedings be stayed until an alleged dower claim in the land could be disposed of to his satisfaction.