53 S.C. 563 | S.C. | 1898
The opinion of the Court was delivered by
This is an action by the heirs at law of the vendee against the vendor and his subsequent grantee, for the specific performance of a contract to sell land. The contract is as follows: “That the said J. P. Datimer agrees to put the said Irvine Davenport, on January
The Circuit Court overruled all the exceptions of defendants to the master’s report, and confirmed said report, and decreed that J. P. Latimer remove the cloud from the title by paying off or satisfying the said mortgage within thirty days from the date of the decree; that upon the satisfaction of said mortgage, plaintiffs, within thirty days thereafter, pay defendant, Latimer, the said $88.85, balance due on said contract; that upon said payment, the defendant, Lati-
We will consider the case first from the standpoint of the vendor, Datimer, as if no question is involved concerning the rights of the defendant, Johnson, who claims as grantee of Datimer without notice of the alleged equity of the plaintiffs.
We are, therefore, of the opinion that the decree of the Circuit Court must be reversed, and that the case be remanded to the Circuit Court for such further proceedings as may be proper or necessary in accordance with the views herein announced.