Harmon v. Wagener

Citations

• 33 S.C. 487
• 12 S.E. 98
• 1890 S.C. LEXIS 163

Syllabus

<p>1. Under an action by an executor for sale of land, and to marshal assets and enjoin creditors from suing at law, defendant creditors may have a receiver appointed to administer testatrix’s estate without having first sued their claims to judgment and obtained a return of nulla, bona thereon.</p> <p>2. It having been shown in such action that the executor was guilty of misconduct in his administration and was not a safe custodian of the estate, and was insolvent and that the estate was insolvent, the assets were properly taken out of the hands of the executor and turned over to a receiver appointed by the court on motion of creditors for that purpose.</p> <p>3. Asa receiver may be appointed at chambers, so, too, an order may be passed at chambers attaching for contempt an executor who has failed to obey a previous order of the court directing him to turn.over the assets of the estate to a receiver appointed in the cause.</p> <p>4. An order directing an executor to turn over assets to a receiver, is not ■ stayed by an appeal to the Supreme Court.unless a supersedeas bond be given ; and the order of the Chief Justice staying proceedings pending appeal on condition that the appellant give bond within ten days, became inoperative after the expiration of ten days, no bond having been given.</p> <p>5. An executor cannot interpose his right to a chattel exemption under the homestead laws as an excuse for his failure to obey a former order of court directing him to turn over this property to a receiver. Has a husband a right to an exemption of personalty out of the estate of his ■wife, who died childless, as against her creditors ?</p>