9 S.C. 287 | S.C. | 1878
The opinion of the Court was delivered by
This was an action upon a bond given for the balance of the purchase money of land sold for partition under an order of the Court of Common Pleas. The defense set up by the answer was a ffiilure of consideration, the allegation being that, by proper proceedings in- the Court of Common Pleas, to which the plaintiff was a party, it had been adjudged that the persons as whose property the land had been sold for partition had no title, and the land had been ordered to be resold and the proceeds paid over to the Receiver of the estate to which the land was adjudged to have belonged. The plaintiff demurred upon the ground that the answer does not state facts sufficient to constitute a defense, and the Circuit Judge having sustained the demurrer and given judgment for the plaintiff the defendant now moves to set aside that judgment. Whatever doubts may have been once entertained as