Willis v. Tozer
Supreme Court of South Carolina
Before Gary, Fraser, and Aldrich, JJ., Richland, July, ■1893, April and July, 1894. Action by Ariana I. Willis, as executrix of George L. Dial, deceased, against Mary A. Tozer, commenced September 4, 1892. The order of Judge Fraser, referred to in the opinion, was as follows: This case came before me at the spring term of the court, held in April, 1894, on an oral demurrer.
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Before Gary, Fraser, and Aldrich, JJ., Richland, July, ■1893, April and July, 1894. Action by Ariana I. Willis, as executrix of George L. Dial, deceased, against Mary A. Tozer, commenced September 4, 1892. The order of Judge Fraser, referred to in the opinion, was as follows: This case came before me at the spring term of the court, held in April, 1894, on an oral demurrer. If the amended complaint does not conform to the order of Judge Gary giving leave to amend, a demurrer is not the mode by which the error may be corrected. There may, perhaps, have been a motion to set aside the amended…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Gary.
On the 10th of January, 1887, Francis Arnold instituted an action in the Court of Common Pleas for Richland County, against the defendant, as administratrix of the estate of Richard Tozer, to foreclose a mortgage on certain real estate in the city of Columbia. The defendant pleaded jplene administravit, complying with Rule 21 of the Circuit Court by filing a sworn cppy of her inventory and appraisement, and by giving a statement of her administration as follows: “That no goods or chattels, rights or credits, which were of the said…
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