Legal Opinion

McLure v. Melton

Supreme Court of South Carolina

Decided September 14, 1891PublishedCited by 3 opinions

Before Wallace, J., Chester, The case is fully stated in both Circuit decree and opinion. The Circuit decree was as follows : The cause entitled J. J. McLure, administrator of M. A. Melton, and others, was instituted by the administrator of George W. Melton, to facilitate the settlement of the estate of G. W. Melton, which was insolvent.

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Before Wallace, J., Chester, The case is fully stated in both Circuit decree and opinion. The Circuit decree was as follows : The cause entitled J. J. McLure, administrator of M. A. Melton, and others, was instituted by the administrator of George W. Melton, to facilitate the settlement of the estate of G. W. Melton, which was insolvent. Creditors of the estate were enjoined from proceeding against it save through that action, and were required to establish their demands in it. W. Holmes Harden claims to be a creditor of the estate, and seeks by this petition to be allowed to establish his…

1Opinion of the Court

The opinion of the court was delivered by

MR. Justice McIver.

The principal case in which the petition of appellant has been filed, was an action brought by the plaintiff, as administrator of George W. Melton, deceased, against his heirs and creditors to marshal the assets of the estate of said George W. Melton, which is insolvent, and it was commenced on the 17th of July, 1877. On the 24th of August, 1877, an order was passed in said case enjoining all creditors of George W. Melton “from suing on said claims or prosecuting their actions at law thereon against said administrator until the…

2Cases cited1 opinion

  1. Hopkins v. McLureSupreme Court of the United States · 1890

3Cited by3 opinions

  1. Breedin v. SmithSupreme Court of South Carolina · 1923
  2. Dunn v. ChapmanSupreme Court of South Carolina · 1929
  3. National Loan & Exchange Bank v. HoytSupreme Court of South Carolina · 1931

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