Cauthen v. Cauthen
Supreme Court of South Carolina
Before Gary/J., December, 1901, and Klugh, J., September, 1903, Lancaster. Action by W. B. Cauthen, as administrator of Jno. Mi Cauthen et al., against Emma Cauthen et al., heirs at law of Jno. M. Cauthen.
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Before Gary/J., December, 1901, and Klugh, J., September, 1903, Lancaster. Action by W. B. Cauthen, as administrator of Jno. Mi Cauthen et al., against Emma Cauthen et al., heirs at law of Jno. M. Cauthen. From Circuit decree, plaintiffs appeal. cite: Order of Judge Gary may be appealed from after final decree: Code Proc., 11, sub 1; 59 S. C., 49;'20 S. C., 547; 19 S. C., 607; 17 S. C., 150. Claim of committee not barred,. (i), Committee not discharged: 15 Rich., 22; 27 Ency., 100-3; 7 Rich. Eq., 105. (2) There zvas a mutual running account: Code Proc., 113, 131; 33 S. C., 303; 30 S. C., 617.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Pope.
In the year 1881, William B. Cauthen, of Lancaster County, in the State of South Carolina, by reason of his insanity, was by legal proceedings held toi be a lunatic, and his son, John M. Cauthen, was appointed the committee of his person and estate. William B. Cauthen was seized of two tracts of land, one known as “Cedar Creek tract,” containing 470 acres, and the other known as the “Duncan tract,” containing 384 acres, and a small personal estate.. The committee took possession of all of this property and made his annual returns…
2Cases cited2 opinions
- Capell v. MosesSupreme Court of South Carolina · 1892
- McCrady v. JonesSupreme Court of South Carolina · 1892
3Cited by3 opinions
- Cauthen v. CauthenSupreme Court of South Carolina · 1908
- Cauthen v. CauthenSupreme Court of South Carolina · 1908
- Jones v. A. H. Williams & Co.Supreme Court of South Carolina · 1911