Legal Opinion

Chalmers v. Turnipseed

Supreme Court of South Carolina

Decided April 14, 1884PublishedCited by 2 opinions

Before Pressley, J., Newberry, February, 1882. All the facts of this case are stated in the opinion., The Circuit decree, so far as it is involved in this appeal, was as follows: This case began for settlement of the estate of Robert Stewart, and now involves, also, settlement of the partnership affairs of Stewart & Coate, of whom the latter survived, but is now dead also.

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Before Pressley, J., Newberry, February, 1882. All the facts of this case are stated in the opinion., The Circuit decree, so far as it is involved in this appeal, was as follows: This case began for settlement of the estate of Robert Stewart, and now involves, also, settlement of the partnership affairs of Stewart & Coate, of whom the latter survived, but is now dead also. The numerous points involved will be taken up separately. 1. The widow of Robert Stewart, in the early stage of this case, claimed homestead, and Judge Moses allowed her $1,000 out of the proceeds of sale of the family…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chiee Justice Simpson.

Robert Stewart, late of New-berry county, died intestate in August, 1869. He left a personal estate, which proved to be insolvent, not paying his specialty *133debts, most of which were contracted before the adoption of the constitution of 1868. His real estate consisted of two lots in Newberry village, one the homestead and the other known as “Stewart’s corner.” His widow, Mrs. E. R. Stewart, administered, and in July, 1870, commenced the action below to marshal the assets. The heirs at law, a creditor, one James Y. Harris, who…

2Cited by2 opinions

  1. Ex Parte Fant, ReceiverSupreme Court of South Carolina · 1928
  2. Ex Parte GoldsmithSupreme Court of South Carolina · 1904

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