Copeland v. Todd

Citations

• 30 S.C. 419
• 9 S.E. 341
• 1889 S.C. LEXIS 113

Syllabus

<p>1. It seems that the act of 1878 (16 Stat., 710), authorizing executions to be issued by the Probate Court, does not apply to cases where judgments had been obtained before the passage of that act.</p> <p>2. Where a party admitted his liability as executor on settlement had in the Probate Court, and afterwards made payments on the sum decreed to be due by him to a creditor of his testator, neither he nor his executrix can now dispute such liability on the allegation that the Court of Probate had no power so to decree.</p> <p>3. Such a decree having been rendered, and no execution issued within ten years thereafter (even if it could have been issued), the creditor may, after the expiration of the ten years, sue on this decree in the Court of Common Pleas.</p>