Harrison v. Lightsey

Citations

• 32 S.C. 293
• 10 S.E. 1010
• 1890 S.C. LEXIS 45

Syllabus

<p>1. An infant is not bound by a proceeding in the Probate Court to which he has not been made a party in accordance with the formalities required by law.</p> <p>2. Where a mortgagor conveys the mortgaged land to the widow and son of the mortgagee, and receives in consideration therefor his note and mortgage, the Probate Court cannot sell the land in aid of assets of mortgagee’s estate, nor for partition between widow and son.</p> <p>3. In such case, the widow and son hold the land under a resulting trust for the administrator, and the son, as distributee, has an action against the administrator for account, but not against the person in possession for an interest in the land or for rents and profits.</p>