Legal Opinion

Haddon v. Lenhardt

Supreme Court of South Carolina

Decided January 6, 1899PublishedCited by 7 opinions

Before Buchanan, J., Pickens, October term, 1897. Action for possession of real estate by Edney Hatton, T. Herbert Flatton, and Polly Valentine v. R. Frank Lenhardt, From judgment for plaintiff defendant appeals.

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Before Buchanan, J., Pickens, October term, 1897. Action for possession of real estate by Edney Hatton, T. Herbert Flatton, and Polly Valentine v. R. Frank Lenhardt, From judgment for plaintiff defendant appeals. Respondent precluded by probate sale: 33 S. C., 512; 2 Wall., 237; 26 S. C, 178; 50 S. C., 185; 34 S. C., 189. Court having jurisdiction of subject matter and parties, appellant’s title is valid: 3 S. C., 323; 25 S. C., 280; 16 S. C., 282; 35 S. C., 400. Respondents cannot attack judgment and sale: 19 S. C., 537; 47 S. C, 552; 49 S. C, 156; 37 S. C, 74; 19 S. C, 554; 68 U. S., 627;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Henry Haddon died leaving as his heirs at law, his wife and children, who are the plaintiffs herein. He was possessed of a small personal estate and a small tract of land, upon which he and his family lived. His personal estate was insufficient to pay his debts, and the land was, therefore, sold by order of the probate court in aid of assets, and purchased by the defendant, who was one of his creditors. The plaintiffs were made parties to the proceeding in the probate court, but did not answer, and no homestead was set off to them in…

2Cited by7 opinions

  1. Clevenger v. FigleySupreme Court of Kansas · 1904
  2. Dyson v. JonesSupreme Court of South Carolina · 1903
  3. Greer v. Western Union Telegraph Co.Supreme Court of South Carolina · 1916
  4. Foster v. PruittSupreme Court of South Carolina · 1933
  5. Turner v. Washington Realty Co.Supreme Court of South Carolina · 1923

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