Fraser & Dill v. City Council

Citations

• 23 S.C. 373
• 1885 S.C. LEXIS 113

Syllabus

<p>1. The decision in Eraser & Pill v. City Council of Charleston, 19 S. C., 384, stated.</p> <p>2. A receiver will not be ordered to institute proceedings to test the validity of judgments which have been already finally adjudged to be valid. This case distinguished from Ex parte Brown & Wife, 15 S. C., 519, and 18 Id., 87.</p> <p>3. Claims were left open by a decree and further proof required, and no exceptions were taken, and on appeal by other parties this decree was affirmed. Held, that it was res judicata that these claims had not been then established.</p> <p>4. Claims established against an estate without proper parties before the court, may be again brought in question and rejected at the instance of such parties when brought in, even though such rejection may enure to the advantage of other creditors who did not, or could not, contest these claims.</p> <p>5. Decree of the Circuit Judge approving the master’s report, that certain claims presented were not proved, affirmed.</p> <p>6. A judgment against an executor, without collusion, is conclusive as to the validity of the claim upon which it is based, but the rank of the claim, in the distribution of the assets, is determined by its condition at the death of testator. Where all the unpaid valid claims against testator were simple contract demands at his death, since reduced to judgment against the executor, it is not error to order the assets to be applied to them ratably.</p> <p>7. Concurring finding of fact by master and Circuit Judge approved.</p>