Barkley v. Screven

Decided January 15, 1819

Supreme Court of South Carolina · decided 1819-01-15

This was an action of trespass, to try title to a tract of land in Beaufort district. In establishing- his claim, the plaintiff offered in evidence an exemplification of a judgment, and a pluriesfi. fa. in the same case, under which the land in question was sold at sheriff’s sale, in order to introduce, as a link in his chain of title, the sheriff’s deed of conveyance.

Decided 1819-01-15

¶1The opinion of the Court was delivered by

Cheyes, J.

¶2It has been long the established practice of this Court, not to require the adduction of the intermediate executions. In cases of personal estate, the execution under which the sale is made, is enough. In cases of real estate,1 the judgment must be superadded. The purchaser is not required to look into the regularity of the proceedings. The seal of the Court is evidence enough for him.2 Nor can objections of this nature be made by third persons, if the proceedings were clearly irregular. Jackson v. Bartlet, (8 John. Rep. 361.)

¶3am therefore °f opinion the nonsuit should be set aside.

All the judges concurred.

¶41 Bail. 514; 2 Strob. 220; Harp. 451.

¶56 Rich. 492.