Finley v. Robertson

Citations

• 17 S.C. 435
• 1882 S.C. LEXIS 78

Syllabus

<p>1. Under the statute, an infant is incapable of making himself a party to an action by accepting service of the summons so as to be bound by a judgment therein.</p> <p>2. Infants are not bound by a judgment rendered in a cause in which they were not represented by guardians ad litem, appointed under the proceedings to that end prescribed by the statute law.</p> <p>3. Bulow v. Witte, 3 8. 0. 308, considered.</p> <p>4 Adult defendants having accepted service of an irregular summons issued by the Court of Probate, and made no resistance to the further proceedings, or to a sale made thereunder, are estopped in action against the purchaser to recover the land, from denying the validity of the sale or the jurisdiction of the court.</p> <p>5. Whether a Court of Probate has jurisdiction of an action by a creditor for the sale of land in aid of assets — raised but not determined.</p> <p>6. So also of the question, whether a fee conditional passes to the heirs of the bod y per formamdoni as assets for the payment of all the ancestor’s debts, or as charged only with the liens and incumbrances imposed upon the land by him during his tenancy.</p>