Wheat v. Dingle
Supreme Court of South Carolina
Before Pressley, J., Charleston, July, 1889. This was a controversy without action between Margaret B. Wheat, Paragon B. & L. Association, B. F. Simmons, and H. M. Harmon, executrix, plaintiffs, and G. W. Dingle, as administrator of estate of G. J. Luhn, defendant, submitted June 3, 1889. The case agreed upon was as follows : The said Margaret B. Wheat claims to recover of G. W. Dingle, as administrator of G. J. Luhn, a dividend upon $16,082.93, and the said administrator…
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Before Pressley, J., Charleston, July, 1889. This was a controversy without action between Margaret B. Wheat, Paragon B. & L. Association, B. F. Simmons, and H. M. Harmon, executrix, plaintiffs, and G. W. Dingle, as administrator of estate of G. J. Luhn, defendant, submitted June 3, 1889. The case agreed upon was as follows : The said Margaret B. Wheat claims to recover of G. W. Dingle, as administrator of G. J. Luhn, a dividend upon $16,082.93, and the said administrator resists said claim, but is willing to pay her a dividend upon $6,082.93. The said Paragon Building and Loan Association…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
This was a controversy without action. (The agreed statement of facts should appear in the report of the case.) It seems that one G. J. Luhn, being largely indebted by mortgage and otherwise, died intestate, and G. W. Dingle administered upon his estate and took proceedings to sell the real estate in aid of assets. Upon nearly every parcel of the intestate’s real estate there was a mortgage securing a .debt. The different mortgage creditors were made parties to these proceedings, and the respective pieces of realty were sold, the…
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