Divine v. Miller
Supreme Court of South Carolina
Before Watts, J., Florence, January, 1904. Action by Jno. F. Divine against Charles D. Miller and Louisa Miller, as administrators of estate' of E. Miller, and other heirs at law of E. Miller.
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Before Watts, J., Florence, January, 1904. Action by Jno. F. Divine against Charles D. Miller and Louisa Miller, as administrators of estate' of E. Miller, and other heirs at law of E. Miller. From Circuit decree, defendants appeal. cite: The letters of administrator are not sufficient to remove the bar of the statute, and the promise of the administrator cannot bind the realty: 28 S. C, 301; 47 S. C., 441; 63 S. C., 90; 13 Ency., 1 ed., 708; 44 S. E. R., 472. Does the payment by foreclosure of collateral assigned at the day the debt was contracted, operate as a payment to arrest the statute:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
On August 11, 1894, Dr. E. Mil ler gave to John F. Divine his promissory note for $1,676.02, payable one day after date. Miller died intestate on February 17, 1897, and thereafter on September 16, 1901, the plaintiff filed his complaint against the administrators of Miller’s estate and his heirs at law, setting out his own note, alleging that there were other debts outstanding against the estate, and that the entire personal estate had been assigned to the widow as a homestead, and asking that the assets be marshalled, the claims…
2Cited by2 opinions
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- Metropolitan National Bank v. BolducSupreme Court of Minnesota · 1924