State Ex Rel. Elliott v. Jeter
Supreme Court of South Carolina
Before Aldrich, J., Union, June, 1900. Action in the name of the State of South Carolina ex rel. J. N. Elliott, J.- A. Elliott, W. C. Elliott, B. M. Elliott, Rinnie V. Elliott and J. H. Stovall against W. T. Jeter, J. Woods Jeter and McA. Pittman, executors of E. C. Jeter.
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Before Aldrich, J., Union, June, 1900. Action in the name of the State of South Carolina ex rel. J. N. Elliott, J.- A. Elliott, W. C. Elliott, B. M. Elliott, Rinnie V. Elliott and J. H. Stovall against W. T. Jeter, J. Woods Jeter and McA. Pittman, executors of E. C. Jeter. From order sustaining demurrer and dismissing complaint, plaintiffs appeal. cites: If partition sale was made by judge of probate before November 27, 1878, he is officially liable for proceeds, and his successors receiving money from predecessor are also officially liable: 25 S. C., 275; 49 S. C., 510; 1 Wall., 175; 16…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The following statement of facts is printed in the “Case” as agreed to by both appellants and respondents: “This is an action commenced on May 5th, 1898, against the sureties on the official bond of David Johnson, jr., as judge of probate for. Union County, for the penalty for breaches thereof, and to recover the interest of the relators, plaintiffs, in a fund arising from the sale of the real estate of Isaac Peeler, deceased, made by the probate court in an action brought therein for the partition of said real estate amongst the heirs…
2Cited by2 opinions
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- Wieters v. MaySupreme Court of South Carolina · 1905