Dunham v. Carson

Citations

• 42 S.C. 383
• 20 S.E. 197
• 1894 S.C. LEXIS 53

Syllabus

<p>1. Death op Dependant — Revivor—Answer.—Under the Code of Procedure, an action is revived against the heir and devisee of a deceased defendant after answer made by mere motion, and the substituted defendants are bound by all prior proceedings in the cause, and may not answer generally, but may contest only their alleged relationship to the deceased. The former practice stated.</p> <p>2. Devise to Heirs. — Where a devise is precisely what the devisees would have taken if there had been intestacy, they take by descent and not by purchase.</p> <p>3. Practice on Revivor. — The proper practice of reviving an action against the representative of a deceased party is by ex parte application, based upon proper showing by affidavit, for a rule against the representatives of the deceased’s interest, requiring them to show cause why the action should not be continued against them in the character ascribed; and upon default in showing good cause, the action will be continued.</p>