Bollman v. Wamer

Citations

• 38 S.C. 464
• 17 S.E. 223
• 1893 S.C. LEXIS 81

Syllabus

<p>1. Administrator — Rents.—II seems that an administrator has no right to collect rents from the lands of his intestate after the year of the intestate's death.</p> <p>2. Injunction — Rumo to Show Cause — Chambers.—A rule to show cause •why a sale of the lands of an intestate, under judgments obtained ag'ainst the administrator, should not be enjoined and a receiver of the estate appointed, having been hoard at chambers preliminary to the hearing on the merits, relief could not be granted beyond the scope of the rule to show cause.</p> <p>3. Ibid. — Ibid.—’On the return to the rule to show cause, the injunction might issue, upon the ground of facts set forth in the return strengthening the case made by the complaint.</p> <p>i. Ibid.. — Administration—Sale op Lands — Parties.—In action by a creditor of an intestate against other creditors and the administrator, to enjoin a sale of the intestate’s land under a judgment obtained against the administrator, a preliminary injunction may issue, but no hearing on the merits should be had until the heirs at law are made parties by amendment.</p> <p>5. Ibid. — Ibid.—Ibid.—Where lands of an intestate are about to be sold under a judgment against the administrator, and it appears that such sale may endanger the collection of other claims not in judgment, a preliminary injunction should issue, on the complaint of the latter creditors, restraining the sale.</p>