Gist v. Rutherford

Citations

• 22 S.C. 399
• 1885 S.C. LEXIS 36

Syllabus

<p>1. Findings of fact by the master concurred in by the Circuit judge approved.</p> <p>2. Where a trustee was ordered by the court to purchase a tract of land for the separate use of a married woman (his cestui que trust) from her husband, and he paid for the place by purchasing a judgment against such husband, and put her in possession, he substantially made the investment directed, although the deed from the husband was not executed nor the judgment marked satisfied until long afterwards.</p> <p>3. A master’s report, confirmed by the court in a creditor’s action,- is res judicata as to a decree in a former cause reported against, and of all matters arising under such decree, and may be pleaded as such in a subsequent proceeding seeking to enforce a claim under such decree.</p> <p>4. A claim for a legacy prosecuted twenty-four years after decree ascertaining its amount, and directing its investment, is barred by lapse of time.</p>