Gibson v. Lowndes

Citations

• 28 S.C. 285
• 5 S.E. 727
• 1888 S.C. LEXIS 52

Syllabus

<p>1. Payments made by heirs or devisees on the bond of their deceased ancestor will not arrest the currency of the presumption of payment as against the estate of such ancestor.</p> <p>2. No acknowledgment or admission by an executor or administrator will bind the real assets in the hands of the heir or devisee; and a payment by one who is named as executrix, but has not yet qualified, binds neither the estate of the testator nor his devisees.</p> <p>3. The finding of the Circuit Judge that none of the payments on the bond of testator here in suit had been made by the nominated executrix, approved, such finding not being against the weight of the evidence.</p> <p>4. Testator made his wife and two daughters his devisees, in equal proportions, and nominated his widow as executrix. Before proof of the will, and in ignorance thereof, a mortgage creditor of testator filed his bill against the widow and daughters, as heirs at law, for strict foreclosure, and a consent decree was passed ordering a sale of the mortgaged land (then supposed to be the only property.of testator), and discharging defendants “from any liability for or by reason of the said bond.” There was a deficiency on such sale reported by the officer of the court, and this report was confirmed by consent. Held, that these matters were not an admission by testator’s estate, nor by his devisees, of any liability on this debt beyond the amount realised at such sale.</p>