Morgan v. Smith
Supreme Court of South Carolina
Before Kl/ugh, J., Greenville, December, 1898, and Gary, J., November, 1899. Action by Nannie B. Morgan and Hardy Smith against Beauregard Smith, H. T. Stroud, executor of H. M. Smith, Piedmont Savings Company, and The Peoples Bank.
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Before Kl/ugh, J., Greenville, December, 1898, and Gary, J., November, 1899. Action by Nannie B. Morgan and Hardy Smith against Beauregard Smith, H. T. Stroud, executor of H. M. Smith, Piedmont Savings Company, and The Peoples Bank. Defendant Smith appeals from both Circuit decrees. cite: As to appeal from intermediate order: 13 S. C., 254; ' 44 S. C., 536; Code, 11; 28 S. C., 571; 32 S. C., 317; 36 S. C., 173. This action cannot be maintained, until condition precedent has been performed: 30 S. C., 305; 50 N. Y., 250; 38 A. R., 54.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The object of this action was to enforce payment by the defendant, Beauregard Smith, of $600, which sum was alleged to be due and a charge upon certain real estate devised to the defendant under the will of Henry M. Smith, deceased. The master found against the plaintiffs; but on exceptions to the Circuit Court, - Judge Klugh, on December 10, 1898, reversed the master and decreed that two-thirds of the $600 named in the will is a charge upon the lands devised to defendant, and to be accounted for, subject to the findings of the master…
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