
    
      John Hunter vs. A. H. Martin.
    
    A mercantile firm may purchase real estate in the name of the firm, and'the property so purchased may be sold by the sheriff under a fi. fa. against the firm.
    
      Before O’Neall, J. at Barnwell, Fall Term, 1845.
    This was an action of trespass to try titles. It appeared that McKie & Poag, a mercantile firm in the town of Aiken, purchased the lot of land which was in dispute, from one B. M. Rogers, who conveyed it to them in their copartnership name. William Adger recovered a judgment against them, and the lot was sold under the fi. fa. and the plaintiff became the purchaser. The sheriff conveyed to him on the 7th August, 1843.
    His Honor charged the jury, that partners in trade might acquire real estate in their partnership name, and that the sheriff’s sale of it under an execution against the firm would convey all their estate. The jury found for the plaintiff.
    The defendant appealed, and now moved for a new trial, on the following grounds.
    1. Because his Honor erred in charging the jury that McKie & Poag, partners in general merchandizing, could take a title in real estate, without special authority or contract to that effect.
    2. Because his Honor erred in charging the jury that the sheriff, under judgment and fi. fa. against McKie & Poag, partners in general merchandizing, could sell and convey the fee simple of the land in question.
    
      Bellinger, for the motion.
    
      Bauskett, contra.
   Curia, per O’Neall, J.

This court concurs with the judge below, on the exceptions to his charge. The motion is dismissed.

Richardson, Evans, Wardlaw and Frost, JJ. concurred.  