Barnwell v. Marion
Supreme Court of South Carolina
Before Buchanan, J., Charleston, April, 1898. Foreclosure by Joseph W. Barnwell, trustee and individually, and as agent and guardian, and Ann Josepha Wilson and Ellen F. Hayne v. Sophia Francis Shepherd Marion. From order overruling demurrers, defendant appeals. No valid sale in foreclosure withottt judgment: 21 Stat., 816. Such judgment can only be entered by parties in interest, the minors: 9 Rich.
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Before Buchanan, J., Charleston, April, 1898. Foreclosure by Joseph W. Barnwell, trustee and individually, and as agent and guardian, and Ann Josepha Wilson and Ellen F. Hayne v. Sophia Francis Shepherd Marion. From order overruling demurrers, defendant appeals. No valid sale in foreclosure withottt judgment: 21 Stat., 816. Such judgment can only be entered by parties in interest, the minors: 9 Rich. Eq., 324. Under Code, general guardian cannot represent minor in suit: Code, 137; 11 S. C, 551; 17 5. C., 439. Jurisdiction of person of minor can only be obtained by guardian ad litem: 51 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
It appears from the allegations of the complaint that the defendant, Mrs. Marion, on the 22d day of May, 1894, duly executed her bonds, six in number, payable to Joseph W. Barnwell, trustee, for the respective amounts mentioned in the complaint, aggregating in the whole the sum of $40,000; and to secure the payment of the said bonds, the defendant, oh the same day, duly executed her mortgage on the real estate described in the complaint, to the said Barnwell, trustee as aforesaid; that one of said bonds, to wit: for the sum of…
2Cited by2 opinions
- Kipp v. Fidelity Title and Mortgage, C., Co.New Jersey Court of Chancery · 1934
- Hubbard v. Furman UniversitySupreme Court of South Carolina · 1908