17 S.C. 592 | S.C. | 1882
Under bill for the settlement of an estate, a tract of land was-bid off for the Clerk of Court, who was conducting the sale.He took possession, but never complied with the terms of
1. That the presiding judge did not err in charging the jury that the clerk’s title failed if he in any way failed to pay in full for his purchase.
2. A legal title will always prevail over an equitable one unless the equity is so complete as to entitle the equitable claimant to a conveyance paramount to the opposing legal title.
3. A charge to the jury, that the balance claimed by the clerk from the estate was too small to pay off his bid on the land, taken in connection with the entire charge, was not a charge upon the facts in violation of Art. IY. § 26 of the Constitution.
4. The verdict, though not in exact form, was substantially a finding of the land in dispute for the plaintiff and $480 damages, and was sufficiently responsive -to the issues involved. Judgment affirmed. Opinion by