Faber v. Faber
Supreme Court of South Carolina
Before Purdy, J., Charleston, November, 1906. Action by Joseph Hilton Faber against Joannis Jackson Faber, as trustee, George Lewis Faber et al. From Circuit decree, defendant, C. L. Legerton, appeals. cite: To make sale 'valid, all parties having any substantial interest should be before the Court: 3 Rich.
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Before Purdy, J., Charleston, November, 1906. Action by Joseph Hilton Faber against Joannis Jackson Faber, as trustee, George Lewis Faber et al. From Circuit decree, defendant, C. L. Legerton, appeals. cite: To make sale 'valid, all parties having any substantial interest should be before the Court: 3 Rich. Eq., 1; 22 S. C., 323, 413; 20 S. C., 72; 25 S. C., 35; 23 S. C., 502. Such parties cannot be divested of title by representation by one for the class: Pom. on Code Rem., secs. 388-400. cites: The interests of the residuary legatees are properly represented by one of the class: Code of…
1Opinion of the Court
Opinion.
The opinion of the Court was delivered by
Mr. Justice Gary
(after stating the facts). The first exception is that his Honor erred in holding, that the residuary legatees not made parties, could be properly represented, as a class, by the defendant, Gerard L. Weissinger, under section 140 of the Code.
The appellant’s attorneys rely upon the following authorities to show that the case under consideration -does not come within the provisions of said section: Bofil v. Fisher, 3 Rich. Eq., 1; LeRoy v. Charleston, 20 S. C., 72; Moseley v. Hankinson, 22 S. C., 323; DeLeon v. Barrett, 22 S. C.,…
2Cases cited1 opinion
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