Legal Opinion

Brock v. Kirkpatrick

Supreme Court of South Carolina

Decided April 18, 1901PublishedCited by 15 opinions

Before Gage, J. Abbeville, June, 1899. Action by L. A. and T. H. Brock, in nature of creditor’s bill, against Hannah Kirkpatrick and Annie Taylor, as devisees of Mrs. Jane Taylor, on the following complaint: “I. That they, the plaintiffs, L. A. Brock and T. H. Brock, were late partners, doing business under the firm name of L. A. & T. H. Brock. “II.

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Before Gage, J. Abbeville, June, 1899. Action by L. A. and T. H. Brock, in nature of creditor’s bill, against Hannah Kirkpatrick and Annie Taylor, as devisees of Mrs. Jane Taylor, on the following complaint: “I. That they, the plaintiffs, L. A. Brock and T. H. Brock, were late partners, doing business under the firm name of L. A. & T. H. Brock. “II. That on the 21st day of March, 1895, the plaintiffs recovered a judgment against R. T. Kirkpatrick, as executor of the last will and testament of Jane Taylor, deceased, in the court of probate for Abbeville County, upon a debt which they held…

1Opinion of the Court

'The opinion of the Court was delivered by

Judge Benet, acting Associate Justice.

The plaintiffs brought this action to subject lands, devised to the defendants, to the payment of debts of the devisor. The main facts in the case are these:

1. The devisor, Jane Taylor, died on 15th December, 1888, leaving- a will of which R. T. Kirkpatrick was made executor.

■2. By her will she devised to the defendants each a tract of land, into the possession of which they immediately entered, and of which they are still in actual and exclusive possession.

3. After the devisor’s death, at some time before March,…

2Cited by15 opinions

  1. Hardee v. LynchSupreme Court of South Carolina · 1948
  2. McNair v. HowleSupreme Court of South Carolina · 1923
  3. Brantley v. BittleSupreme Court of South Carolina · 1905
  4. Tolbert v. RoarkSupreme Court of South Carolina · 1923
  5. Williams v. WeeksSupreme Court of South Carolina · 1904

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