Gregory v. Rhoden

Citations

• 24 S.C. 90
• 1886 S.C. LEXIS 3

Syllabus

<p>1. Under a proceeding in the Court of Probate by a creditor, who was also administrator, to sell land in aid of assets, that court has jurisdiction to determine in the first instance the validity of an alleged deed under which one of the defendants claimed to hold title from the intestate.</p> <p>2. An intestate gave his sealed note to his son in April, 1866, and in July, 1866, conveyed his lands to his wife at his death, which took place in the following November. The widow held possession of these lands as her own until her death in 1879. Afterwards this son administered on his father’s estate, and in 1883 filed a petition in the Court of Probate to sell these lands in aid of assets. Held, that he had been guilty of laches, and could not invoke the aid of equity.</p> <p>3. This case distinguished from Súber v. Chandler, 18 S. C., 628.</p>