Alsobrook v. Alsobrook

Citations

• 14 S.C. 170
• 1880 S.C. LEXIS 113

Syllabus

<p>1. The widow of an intestate gave her'nole, with sureties, for personal property purchased at the estate sale, and transferred to her sureties as indemnity the property purchased and also her interest in the lands of her husband; afterwards, judgments having been obtained against her and her sureties upon this note, one of the sureties received from the administrator a release of himself alone from this judgment, in consideration of a transfer by him to the administrator of the property held by the sureties as indemnity. Held, that there was no consideration for the release, and that it must be set aside in favor of creditors of the intestate.</p> <p>2. The widow and her sureties are entitled to a credit upon such judgment to the extent of the value of so much of the property so transferred to the administrator, as was not subject to sale by the sheriff under execution against the administrator for debts of the intestate.</p>