Bermingham v. Forsythe

Citations

• 26 S.C. 358
• 2 S.E. 286
• 1887 S.C. LEXIS 51

Syllabus

<p>1. Oan this court consider facts agreed upon by counsel, which were not presented to the court below ?</p> <p>2. Within six years before action brought a debtor made written acknowledgment of his indebtedness for wages due to the creditor for several years preceding. Held, that the claim was not barred by the statute of limitations.</p> <p>3. Where the master and Circuit Judge concur as to the facts of a case, and there is abundant testimony to support their findings, this court will rarely interfere, if ever.</p> <p>4. After a legatee, who is beyond seas, had recovered his legacy in full, and the executor had reserved only enough assets to pay two other pecuniary legatees, a creditor brought action against the executor and these three legatees to recover her debt. Held, that she was entitled to be paid out of the fund in the executor’s hands, and the unpaid legatees must themselves enforce a pro rata contribution from the satisfied legatee, who was beyond the jurisdiction of the court.</p> <p>5. Such legatee having accepted a note for $5,000 from a debtor to the estate, in full satisfaction of his legacy for that amount, but which note ho was unable to collect in full, he is liable to contribute to the unpaid legatees upon the basis of $5,000 received, and not upon the basis of only the smaller sum realized.</p>