Bollman v. Wamer
Supreme Court of South Carolina
Before Witherspoon] J., Colleton, February, 1892. This was an action by Bollman Bros. Company against Joel O. Warner, as administrator, Robert Black, sheriff, and Appleby & Co. The appeal was from the following depretal order: The above entitled action is brought by plaintiff for the benefit of the creditors of D. A. Warner, and seek to have the sale by the sheriff enjoined, and to have a receiver appointed to administer the estate of D. A. Wamer in equity.
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Before Witherspoon] J., Colleton, February, 1892. This was an action by Bollman Bros. Company against Joel O. Warner, as administrator, Robert Black, sheriff, and Appleby & Co. The appeal was from the following depretal order: The above entitled action is brought by plaintiff for the benefit of the creditors of D. A. Warner, and seek to have the sale by the sheriff enjoined, and to have a receiver appointed to administer the estate of D. A. Wamer in equity. It is conceded that if the plaintiff has, or has had, an adequate remedy at law, a Court of Equity cannot afford relief. By the…
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice Pope.
The complaint of the plaintiff alleged ■that David A. Warner departed . this life, in Colleton County, .in this State, on the ,12th'day. of. July, 1890, and. that John 0. Warner, his brother, obtained • letters of administration .of his *467personal estate on the 15th September, 1890; that the intestate was, “at the time of his death, seized in fee and. in possession of considerable real estate of great value, and a large amouut of personal property, as the plaintiff is informed and believes;” that such administrator has made no proper…
2Cited by2 opinions
- Coogler v. California Ins. Co.Supreme Court of South Carolina · 1939
- Goodlett v. GoodlettSupreme Court of South Carolina · 1911