Cathcart v. Sugenheimer

Citations

• 18 S.C. 123
• 1882 S.C. LEXIS 116

Syllabus

<p>1. In action by a former lunatic to recover a lot of land sold during his lunacy under proceedings to which he was no party, instituted by his committee, the defendant may introduce in evidence the record of' the probate court adjudging the plaintiff to be a lünatic and appointing a committee of his person and estate.</p> <p>2. It is the well settled policy of the law to support judicial sales in all cases where the court has jurisdiction.</p> <p>3. An action at law for the recovery of the property of a lunatic or damages for its detention, must be brought in the name of the lunatic by his committee, but where equitable relief is sought in the Court of Chancery, it seems that the committee may sue alone and Without using the name of the lunatic as a party plaintiffj and that the judgment will be as binding upon the lunatic’s estate as if he were personally present.'</p> <p>4. And where in such action the property of the lunatic has been sold for the purpose of paying his debts, the proceeds of sale have been so applied, and the purchaser has bona fide erected costly improvements, the purchaser is subrogated to the rights of the creditors to whom the payment was made and may retain possession until re-imbursed.</p>