Latimer v. Wharton
Supreme Court of South Carolina
Before Wallace, J., Laurens, June, 1893. In this case Hon. Eugene B. Gary, Associate Justice-elect of the Supreme Court, sat by appointment in the place of Mr. Justice Pope, who had been of counsel in the cause.
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Before Wallace, J., Laurens, June, 1893. In this case Hon. Eugene B. Gary, Associate Justice-elect of the Supreme Court, sat by appointment in the place of Mr. Justice Pope, who had been of counsel in the cause. It was an action by Joseph P. and John H. Latimer, as executors of Hew-let Sullivan, deceased, against John H. Wharton, as clerk of court, and George S. McCravy, as sheriff of Laurens County, commenced January 2, 1893, to vacate a judgment and enjoin a sheriff’s sale thereunder.
1Opinion of the Court
The opinion of the court, was delivered by
Mr. Justice Gary.
The plaintiffs invoked the equitable aid of the court below for injunction upon allegations contained in the following complaint:
“I. That the plaintiffs are the duly qualified executors of the last will and testament of Hewlet Sullivan, deceased. II. That one M. A. Sullivan, late of the county and State aforesoid, died intestate [sic], leaving one C. P. Sullivan, jr., as the executor of his last will and testament, who duly qualified and entered upon the duties of his office. III. That under proper proceedings in the Court of Equity,…
2Cases cited2 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Duncan v. BellSupreme Court of South Carolina · 1819
3Cited by12 opinions
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- D. T. McKeithan Lumber Co. v. Fidelity Trust Co.Court of Appeals for the Fourth Circuit · 1915
- Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911
- Peake v. RenwickSupreme Court of South Carolina · 1910
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