Butler v. Butler
Supreme Court of South Carolina
Before Gage, J., Aiken, June, 1900. Action by Fannie Butler, admx. of John Thomas Butler, against W. H. H. Butler et al., to marshal the assets, &c., of intestate’s estate. Eva Harker Horner, a creditor of said intestate, proved a note and mortgage against intestate under the general order in this proceeding.
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Before Gage, J., Aiken, June, 1900. Action by Fannie Butler, admx. of John Thomas Butler, against W. H. H. Butler et al., to marshal the assets, &c., of intestate’s estate. Eva Harker Horner, a creditor of said intestate, proved a note and mortgage against intestate under the general order in this proceeding. The Circuit decree is as follows: “The exceptions of the plaintiff and of the defendant, Horner, make in different forms, the question of unlawful interest charged and received by Mrs. Horner and promised and paid by John Thomas Butler. The promise to pay is evidenced by the note of J.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ciliee Justice McIver.
Some time in September, 1899, the plaintiff brought this action against the heirs and creditors of her intestate, John Thomas Butler, to marshal the assets of his estate, to sell real estate in aid of the personalty for the payment of his debts, to in join his creditors from suing at law, and requiring them to prove their demands under the proceedings in this case. Accordingly an order was granted requiring the creditors to prove their demands before the master, and in pursuance of this order the defendant, Eva Harker Horner,…
2Cases cited1 opinion
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