Freeman v. Bailey

Citations

• 50 S.C. 241
• 27 S.E. 686
• 1897 S.C. LEXIS 25

Syllabus

<p>1. Evidence — Probate Judge — Public Guardian. — Books of account of Probate Judge, as public guardian, and his returns approved by the Circuit Judge and filed in Circuit Court, are competent evidence to show to what estate the funds loaned by him belonged, even if not such records as are constructive notice of that fact.</p> <p>2. Public Guardian — Negotiable Instruments. — A public guardian has no authority to transfer a note of his ward without an order of Court authorizing him to do so, and a transferee takes such note subject to the rights of the ward.</p> <p>3. Negotiable Instruments — Notes and Bills — Remedies.—A transferee of a note, lion-negotiable because past due, cannot invoke the principle of purchaser for value without notice.</p> <p>4. Ibid.- — Ibid.—Trustee.—When a note is payable to one as trustee, that is sufficient to put a transferee on inquiry, and he is bound by whatever disclosures such inquiry would reveal.</p> <p>5. Estoppel. — Under the facts in this case, the respondents are not estopped from pursuing the specific property claimed by reason of their having accepted their pro rata share out of proceeds of probate bond.</p> <p>6. Costs. — Decree of Circuit Judge as to costs not disturbed.</p>